Fidelity & Casualty Co. of New York v. Chacon

District Court of Appeal of Florida

Fidelity & Casualty Co. of New York v. Chacon

408 So. 2d 812, 1982 Fla. App. LEXIS 19043

CourtDistrict Court of Appeal of Florida

DecidedJanuary 19, 1982

DocketNo. 80-1066

StatusPublished

Cited by1 cases

This text of 408 So. 2d 812 (Fidelity & Casualty Co. of New York v. Chacon) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Fidelity & Casualty Co. of New York v. Chacon, 408 So. 2d 812, 1982 Fla. App. LEXIS 19043 (Fla. Ct. App. 1982).

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Opinion

BASKIN, Judge.

We find no error in the Final Declaratory Judgment entered by the trial court determining in effect that appellees, who were insured under two uninsured motorist poli[813]*813cies, one by State Farm Insurance Co. covering Jaime Chacon and another by appellant Fidelity & Casualty Company of New York covering appellees’ daughter Teresita, could collect from both insurers. In the event appellees recover from Fidelity & Casualty Company of New York, their settlement with State Farm Insurance Co. would subject the entire amount received to pro rata division by the insurers up to the amount of appellees’ losses. Sellers v. United States Fidelity & Guaranty Co., 185 So.2d 689 (Fla.1966); State Farm Mutual Automobile Insurance Co. v. Colonial Penn Insurance Co., 379 So.2d 1036 (Fla. 3d DCA 1980); State Fire & Casualty Co. v. National Indemnity Co., 225 So.2d 570 (Fla. 3d DCA 1969).

Affirmed.

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BASKIN, Judge.

We find no error in the Final Declaratory Judgment entered by the trial court determining in effect that appellees, who were insured under two uninsured motorist poli[813]*813cies, one by State Farm Insurance Co. covering Jaime Chacon and another by appellant Fidelity & Casualty Company of New York covering appellees’ daughter Teresita, could collect from both insurers. In the event appellees recover from Fidelity & Casualty Company of New York, their settlement with State Farm Insurance Co. would subject the entire amount received to pro rata division by the insurers up to the amount of appellees’ losses. Sellers v. United States Fidelity & Guaranty Co., 185 So.2d 689 (Fla.1966); State Farm Mutual Automobile Insurance Co. v. Colonial Penn Insurance Co., 379 So.2d 1036 (Fla. 3d DCA 1980); State Fire & Casualty Co. v. National Indemnity Co., 225 So.2d 570 (Fla. 3d DCA 1969).

Affirmed.

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408 So. 2d 812, 1982 Fla. App. LEXIS 19043, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fidelity-casualty-co-of-new-york-v-chacon-fladistctapp-1982.

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