Gelaro v. State Farm Mutual Automobile Insurance Co.

District Court of Appeal of Florida

Gelaro v. State Farm Mutual Automobile Insurance Co.

502 So. 2d 497, 12 Fla. L. Weekly 493, 1987 Fla. App. LEXIS 6752

District Court of Appeal of Florida·Decided February 11, 1987·No. No. BO-48·Published·Cited by 2 cases

Opinion

PER CURIAM.

Appellant, a minor, sought to recover from his mother’s insurer under the uninsured motorist provisions of a policy covering a motor vehicle of the mother other than the one involved in the accident. The policy covering the mother’s vehicle involved in the accident contained an exclusion from coverage for children of the insured. We are without authority to abandon the parental immunity doctrine as an affirmative defense in litigation involving automobile accidents which result in injured children seeking payment from their parents’ automobile insurance policies as requested by appellant. See Ard v. Ard, 414 So.2d 1066 (Fla.1982), Allstate Insurance Co. v. Boynton, 486 So.2d 552 (Fla. 1986) and Hoffman v. Jones, 280 So.2d 431 (Fla.1973).

AFFIRMED.

SMITH, JOANOS and BARFIELD, JJ., concur.

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PER CURIAM.

Appellant, a minor, sought to recover from his mother’s insurer under the uninsured motorist provisions of a policy covering a motor vehicle of the mother other than the one involved in the accident. The policy covering the mother’s vehicle involved in the accident contained an exclusion from coverage for children of the insured. We are without authority to abandon the parental immunity doctrine as an affirmative defense in litigation involving automobile accidents which result in injured children seeking payment from their parents’ automobile insurance policies as requested by appellant. See Ard v. Ard, 414 So.2d 1066 (Fla.1982), Allstate Insurance Co. v. Boynton, 486 So.2d 552 (Fla. 1986) and Hoffman v. Jones, 280 So.2d 431 (Fla.1973).

AFFIRMED.

SMITH, JOANOS and BARFIELD, JJ., concur.

Gelaro v. State Farm Mutual Automobile Insurance Co., 502 So. 2d 497, 12 Fla. L. Weekly 493, 1987 Fla. App. LEXIS 6752 (Fla. Ct. App. 1987).

Pincite

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Opinion

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