Phillips v. Auto-Owners Insurance Co.

District Court of Appeal of Florida

Phillips v. Auto-Owners Insurance Co.

577 So. 2d 718, 1991 Fla. App. LEXIS 3344, 1991 WL 53546

CourtDistrict Court of Appeal of Florida

DecidedApril 12, 1991

DocketNo. 90-02074

StatusPublished

This text of 577 So. 2d 718 (Phillips v. Auto-Owners 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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Phillips v. Auto-Owners Insurance Co., 577 So. 2d 718, 1991 Fla. App. LEXIS 3344, 1991 WL 53546 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

This is an appeal from a summary judgment entered in favor of appellee insurance carrier ruling that appellants were not entitled to recover under their uninsured motorist policy for injuries sustained in an automobile accident with third party tort-feasors with whom appellants settled without the carrier’s consent. On the authority of Rafferty v. Progressive Am. Ins. Co., 558 So.2d 432 (Fla. 2d DCA 1990) and Watherwax v. Allstate Ins. Co., 538 So.2d 108 (Fla. 2d DCA 1989), we reverse. We conclude from the record that a genuine issue of material fact existed as to whether appellee’s subrogation rights had been prejudiced from the settlement.

Reversed and remanded for proceedings consistent herewith.

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

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PER CURIAM.

This is an appeal from a summary judgment entered in favor of appellee insurance carrier ruling that appellants were not entitled to recover under their uninsured motorist policy for injuries sustained in an automobile accident with third party tort-feasors with whom appellants settled without the carrier’s consent. On the authority of Rafferty v. Progressive Am. Ins. Co., 558 So.2d 432 (Fla. 2d DCA 1990) and Watherwax v. Allstate Ins. Co., 538 So.2d 108 (Fla. 2d DCA 1989), we reverse. We conclude from the record that a genuine issue of material fact existed as to whether appellee’s subrogation rights had been prejudiced from the settlement.

Reversed and remanded for proceedings consistent herewith.

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

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577 So. 2d 718, 1991 Fla. App. LEXIS 3344, 1991 WL 53546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-auto-owners-insurance-co-fladistctapp-1991.

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