Goldwich v. Liberty Mutual Insurance Co.

District Court of Appeal of Florida

Goldwich v. Liberty Mutual Insurance Co.

537 So. 2d 599, 13 Fla. L. Weekly 2503, 1988 Fla. App. LEXIS 5008, 1988 WL 120909

District Court of Appeal of Florida·Decided November 15, 1988·No. No. 88-1021·Published

Opinion

PER CURIAM.

This is an appeal from a final judgment determining that an arbitration escape provision in an uninsured motorist policy was void. The judgment, requiring the insured to pursue his claim in court, is reversed on authority of Roe v. Arnica Mutual Insurance Co., 533 So.2d 279 (Fla.1988), aff’g Amica Mutual Insurance Co. v. Roe, 515 So.2d 1370 (Fla. 2d DCA 1987). In that case, the supreme court held that nonbinding arbitration clauses are not in conflict with the Florida Arbitration Code, and thus disapproved Berger v. Fireman’s Fund In[600] surance Co., 515 So.2d 997 (Fla. 3d DCA), review dismissed, 519 So.2d 987 (Fla.1987).

REVERSED and REMANDED.

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PER CURIAM.

This is an appeal from a final judgment determining that an arbitration escape provision in an uninsured motorist policy was void. The judgment, requiring the insured to pursue his claim in court, is reversed on authority of Roe v. Arnica Mutual Insurance Co., 533 So.2d 279 (Fla.1988), aff’g Amica Mutual Insurance Co. v. Roe, 515 So.2d 1370 (Fla. 2d DCA 1987). In that case, the supreme court held that nonbinding arbitration clauses are not in conflict with the Florida Arbitration Code, and thus disapproved Berger v. Fireman’s Fund In[600] surance Co., 515 So.2d 997 (Fla. 3d DCA), review dismissed, 519 So.2d 987 (Fla.1987).

REVERSED and REMANDED.

Goldwich v. Liberty Mutual Insurance Co., 537 So. 2d 599, 13 Fla. L. Weekly 2503, 1988 Fla. App. LEXIS 5008, 1988 WL 120909 (Fla. Ct. App. 1988).

Pincite

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Opinion

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