Harris v. General Accident, Fire & Life Assurance Corp.

District Court of Appeal of Florida

Harris v. General Accident, Fire & Life Assurance Corp.

442 So. 2d 294, 1983 Fla. App. LEXIS 24400

CourtDistrict Court of Appeal of Florida

DecidedNovember 30, 1983

DocketNo. 83-289

StatusPublished

Cited by1 cases

This text of 442 So. 2d 294 (Harris v. General Accident, Fire & Life Assurance Corp.) 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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Harris v. General Accident, Fire & Life Assurance Corp., 442 So. 2d 294, 1983 Fla. App. LEXIS 24400 (Fla. Ct. App. 1983).

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Opinion

DANAHY, Judge.

In this case the trial judge upheld the constitutionality of section 627.7262, Florida Statutes (Supp.1982), and applied it to an action founded on an automobile accident which occurred on March 14, 1980. The statute became effective on October 1, 1982.

In the recent case of VanBibber v. Hartford Accident & Indemnity Insurance Co., 439 So.2d 880 (Fla.1983), our supreme court ruled that the statute is constitutional and that it may not be applied retroactively to causes of action accruing prior to its effective date.

Therefore, we affirm the trial court’s ruling on the constitutionality of the statute, but reverse the court’s retroactive application of the statute to this case.

AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings.

RYDER, A.C.J., and LEHAN, J., concur.

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