Garcia v. Lumbermens Mutual Insurance Co.

District Court of Appeal of Florida

Garcia v. Lumbermens Mutual Insurance Co.

246 So. 2d 574, 1971 Fla. App. LEXIS 6797

CourtDistrict Court of Appeal of Florida

DecidedApril 13, 1971

DocketNo. 70-580

StatusPublished

Cited by4 cases

This text of 246 So. 2d 574 (Garcia v. Lumbermens Mutual Insurance Co.) 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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Garcia v. Lumbermens Mutual Insurance Co., 246 So. 2d 574, 1971 Fla. App. LEXIS 6797 (Fla. Ct. App. 1971).

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Opinion

PER CURIAM.

We have read the briefs and record and heard oral argument in the instant cause. The appellant has failed to demonstrate reversible error. The following cases have held, implicitly or explicitly, that interest and attorneys’ fees will not be awarded where there is no necessity to institute suit to confirm or collect an arbitration award under an uninsured motorist provision in an automobile liability policy. There was also no denial of coverage in the instant case. United Services Automobile Association v. Cotter, Fla.App.1970, 241 So.2d 733; Bankers & Shippers Insurance Company v. Gonzalez, Fla.App. 1970, 234 So.2d 693; Rutkin v. State Farm Mutual Automobile Insurance Company, Fla.App. 1967, 195 So.2d 221, approved in State Farm Mutual Automobile Insurance Company v. Rutkin, Fla.1967, 199 So.2d 705.

Therefore, the final judgment is affirmed.

Affirmed.

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PER CURIAM.

We have read the briefs and record and heard oral argument in the instant cause. The appellant has failed to demonstrate reversible error. The following cases have held, implicitly or explicitly, that interest and attorneys’ fees will not be awarded where there is no necessity to institute suit to confirm or collect an arbitration award under an uninsured motorist provision in an automobile liability policy. There was also no denial of coverage in the instant case. United Services Automobile Association v. Cotter, Fla.App.1970, 241 So.2d 733; Bankers & Shippers Insurance Company v. Gonzalez, Fla.App. 1970, 234 So.2d 693; Rutkin v. State Farm Mutual Automobile Insurance Company, Fla.App. 1967, 195 So.2d 221, approved in State Farm Mutual Automobile Insurance Company v. Rutkin, Fla.1967, 199 So.2d 705.

Therefore, the final judgment is affirmed.

Affirmed.

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246 So. 2d 574, 1971 Fla. App. LEXIS 6797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-lumbermens-mutual-insurance-co-fladistctapp-1971.

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