Lowry v. State Farm Mutual Automobile Insurance

District Court of Appeal of Florida

Lowry v. State Farm Mutual Automobile Insurance

421 So. 2d 668, 1982 Fla. App. LEXIS 21577

CourtDistrict Court of Appeal of Florida

DecidedNovember 2, 1982

DocketNo. 82-39

StatusPublished

Cited by3 cases

This text of 421 So. 2d 668 (Lowry v. State Farm Mutual Automobile Insurance) 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.

Bluebook

Lowry v. State Farm Mutual Automobile Insurance, 421 So. 2d 668, 1982 Fla. App. LEXIS 21577 (Fla. Ct. App. 1982).

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Opinion

PER CURIAM.

Joseph Lowry appeals from a final order granting summary judgment in favor of [669]*669State Farm Mutual. Two insurance policies were issued by State Farm Mutual. Policy One was issued to Joseph Lowry, individually, as named insured. Policy Two was issued to Joseph Lowry and to Mrs. Lowry as named insureds. The trial court correctly concluded that to permit stacking in this instance would be a violation of Section 627.4132, Florida Statutes (1977), which prevents stacking separate policies involving the same named insured. See South Carolina Insurance Company v. Kokay, 398 So.2d 1355 (Fla.1981); Stephan v. United States Fidelity & Guaranty, 384 So.2d 691 (Fla. 2d DCA 1980); cf., Cox v. State Farm Mutual Automobile Insurance Company, 378 So.2d 330, 333 (Fla. 2d DCA 1980) (stacking allowed where policies issued to entirely different named insureds).

State Farm Mutual has conceded that with respect to the second issue raised in this appeal Hartford Accident & Indemnity Co. v. Lackore, 408 So.2d 1040 (Fla.1982), is controlling. We, accordingly, remand with directions to modify the final judgment deleting the P.I.P. setoff previously ordered.

Affirmed in part, reversed in part, remanded with directions.

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PER CURIAM.

Joseph Lowry appeals from a final order granting summary judgment in favor of [669]*669State Farm Mutual. Two insurance policies were issued by State Farm Mutual. Policy One was issued to Joseph Lowry, individually, as named insured. Policy Two was issued to Joseph Lowry and to Mrs. Lowry as named insureds. The trial court correctly concluded that to permit stacking in this instance would be a violation of Section 627.4132, Florida Statutes (1977), which prevents stacking separate policies involving the same named insured. See South Carolina Insurance Company v. Kokay, 398 So.2d 1355 (Fla.1981); Stephan v. United States Fidelity & Guaranty, 384 So.2d 691 (Fla. 2d DCA 1980); cf., Cox v. State Farm Mutual Automobile Insurance Company, 378 So.2d 330, 333 (Fla. 2d DCA 1980) (stacking allowed where policies issued to entirely different named insureds).

State Farm Mutual has conceded that with respect to the second issue raised in this appeal Hartford Accident & Indemnity Co. v. Lackore, 408 So.2d 1040 (Fla.1982), is controlling. We, accordingly, remand with directions to modify the final judgment deleting the P.I.P. setoff previously ordered.

Affirmed in part, reversed in part, remanded with directions.

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421 So. 2d 668, 1982 Fla. App. LEXIS 21577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lowry-v-state-farm-mutual-automobile-insurance-fladistctapp-1982.

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