Fred S. James & Co. of Florida v. Miranti

District Court of Appeal of Florida

Fred S. James & Co. of Florida v. Miranti

520 So. 2d 630, 13 Fla. L. Weekly 395, 1988 Fla. App. LEXIS 514, 1988 WL 8099

CourtDistrict Court of Appeal of Florida

DecidedFebruary 10, 1988

DocketNo. 4-86-1844

StatusPublished

This text of 520 So. 2d 630 (Fred S. James & Co. of Florida v. Miranti) 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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Fred S. James & Co. of Florida v. Miranti, 520 So. 2d 630, 13 Fla. L. Weekly 395, 1988 Fla. App. LEXIS 514, 1988 WL 8099 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

We affirm on all issues except we reverse the trial court’s ruling that Tina Mir-anti, as personal representative of the Estate of Franklin D. Bailey, has uninsured motorist coverage with Midland Insurance Company from $20,000 to the maximum limit of $4,000,000. See First State Insurance Company v. Stubbs, 418 So.2d 1114 (Fla. 4th DCA 1982), petition for rev. denied, 426 So.2d 26, 29 (Fla.1983). Since liability coverage on an excess policy is coextensive to the uninsured motorist coverage, the Midland’s excess policy in the instant case provides uninsured motorist coverage beginning at $500,000 to $4,000,-000. We acknowledge but reject appellee’s contention that section 627.418, Florida Statutes (1985), mandates lowering the uninsured motorist coverage limit below the lower limit of liability coverage.

AFFIRMED IN PART; REVERSED IN PART.

ANSTEAD, GUNTHER and STONE, JJ., concur.

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PER CURIAM.

We affirm on all issues except we reverse the trial court’s ruling that Tina Mir-anti, as personal representative of the Estate of Franklin D. Bailey, has uninsured motorist coverage with Midland Insurance Company from $20,000 to the maximum limit of $4,000,000. See First State Insurance Company v. Stubbs, 418 So.2d 1114 (Fla. 4th DCA 1982), petition for rev. denied, 426 So.2d 26, 29 (Fla.1983). Since liability coverage on an excess policy is coextensive to the uninsured motorist coverage, the Midland’s excess policy in the instant case provides uninsured motorist coverage beginning at $500,000 to $4,000,-000. We acknowledge but reject appellee’s contention that section 627.418, Florida Statutes (1985), mandates lowering the uninsured motorist coverage limit below the lower limit of liability coverage.

AFFIRMED IN PART; REVERSED IN PART.

ANSTEAD, GUNTHER and STONE, JJ., concur.

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520 So. 2d 630, 13 Fla. L. Weekly 395, 1988 Fla. App. LEXIS 514, 1988 WL 8099, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fred-s-james-co-of-florida-v-miranti-fladistctapp-1988.

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