Seibert v. McNamara

Supreme Court of Florida

Seibert v. McNamara

566 So. 2d 767, 15 Fla. L. Weekly Supp. 449, 1990 Fla. LEXIS 1108, 1990 WL 130208

CourtSupreme Court of Florida

DecidedSeptember 6, 1990

DocketNo. 73836

StatusPublished

Cited by2 cases

This text of 566 So. 2d 767 (Seibert v. McNamara) is published on Counsel Stack Legal Research, covering Supreme Court 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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Seibert v. McNamara, 566 So. 2d 767, 15 Fla. L. Weekly Supp. 449, 1990 Fla. LEXIS 1108, 1990 WL 130208 (Fla. 1990).

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GRIMES, Justice.

We review McNamara v. Seibert, 537 So.2d 1009 (Fla. 5th DCA 1988), in which the Fifth District Court of Appeal, on rehearing, certified to this Court the following question of great public importance:

MAY A SURVIVOR, AS THAT TERM IS DEFINED IN THE FLORIDA WRONGFUL DEATH ACT, RECOVER FROM HIS OWN UNINSURED MOTORIST INSURANCE POLICY HIS DAMAGES WHERE THE DECEDENT IS NOT A COVERED PERSON UNDER THE POLICY?

Id. at 1010-11. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

On facts essentially the same as those in the instant case for purposes of the legal issue involved, this Court recently held that the uninsured motorist statute does not require coverage for anyone who may be entitled to recover consequential damages as a survivor under the wrongful death statute when the decedent had neither liability nor uninsured motorist coverage under the policy. Valiant Ins. Co. v. Webster, 567 So.2d 408 (Fla.1990). Therefore, as it relates to the facts of the case, we answer the certified question in the negative and quash the decision below.

It is so ordered.

OVERTON, MCDONALD and EHRLICH, JJ., concur. KOGAN, J., concurs specially with an opinion, in which BARKETT, J., concurs. SHAW, C.J., dissents.

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GRIMES, Justice.

We review McNamara v. Seibert, 537 So.2d 1009 (Fla. 5th DCA 1988), in which the Fifth District Court of Appeal, on rehearing, certified to this Court the following question of great public importance:

MAY A SURVIVOR, AS THAT TERM IS DEFINED IN THE FLORIDA WRONGFUL DEATH ACT, RECOVER FROM HIS OWN UNINSURED MOTORIST INSURANCE POLICY HIS DAMAGES WHERE THE DECEDENT IS NOT A COVERED PERSON UNDER THE POLICY?

Id. at 1010-11. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

On facts essentially the same as those in the instant case for purposes of the legal issue involved, this Court recently held that the uninsured motorist statute does not require coverage for anyone who may be entitled to recover consequential damages as a survivor under the wrongful death statute when the decedent had neither liability nor uninsured motorist coverage under the policy. Valiant Ins. Co. v. Webster, 567 So.2d 408 (Fla.1990). Therefore, as it relates to the facts of the case, we answer the certified question in the negative and quash the decision below.

It is so ordered.

OVERTON, MCDONALD and EHRLICH, JJ., concur. KOGAN, J., concurs specially with an opinion, in which BARKETT, J., concurs. SHAW, C.J., dissents.

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566 So. 2d 767, 15 Fla. L. Weekly Supp. 449, 1990 Fla. LEXIS 1108, 1990 WL 130208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seibert-v-mcnamara-fla-1990.

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