Soliday v. State Farm Mut. Auto. Ins. Co.
This text of 497 So. 2d 717 (Soliday v. State Farm Mut. Auto. Ins. 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.
Opinion
John SOLIDAY and Barbara Soliday, His Wife, Petitioners,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., a Foreign Corp., Respondent.
District Court of Appeal of Florida, Third District.
Michael R. Friend, for petitioners.
James K. Clark, for respondent.
Before BARKDULL, HUBBART and FERGUSON, JJ.
PER CURIAM.
A person with underinsured motorist coverage is not obligated to first bring an action against the tort-feasor before resolving *718 a claim against his own carrier.[1]United States Fidelity & Guaranty v. State Farm Mutual Automobile Insurance Co., 369 So.2d 410 (Fla. 3d DCA 1979); Arretta v. Volkswagon Insurance Co., 343 So.2d 918 (Fla. 3d DCA 1977).
Certiorari is granted. The order of dismissal is quashed and the cause is remanded for further proceedings.
NOTES
[1] Respondent has confessed error.
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Cite This Page — Counsel Stack
497 So. 2d 717, 11 Fla. L. Weekly 2358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/soliday-v-state-farm-mut-auto-ins-co-fladistctapp-1986.