Spira v. Guaranty National Insurance Co.

District Court of Appeal of Florida

Spira v. Guaranty National Insurance Co.

468 So. 2d 540, 10 Fla. L. Weekly 1233, 1985 Fla. App. LEXIS 14196

CourtDistrict Court of Appeal of Florida

DecidedMay 15, 1985

DocketNo. 84-1835

StatusPublished

Cited by1 cases

This text of 468 So. 2d 540 (Spira v. Guaranty National 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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Spira v. Guaranty National Insurance Co., 468 So. 2d 540, 10 Fla. L. Weekly 1233, 1985 Fla. App. LEXIS 14196 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

We reverse the appealed judgment which reflects the jury verdict finding that appellants did not have excess uninsured motorist coverage with appellee insurance carrier. We do this because the record does not reveal any evidence that the carrier offered uninsured motorist coverages equal to excess liability limits pursuant to section 627.-727(1), Florida Statutes (1983). We base our decision upon Sirantoine v. Illinois Employers Insurance of Wausau, 438 So.2d 985 (Fla. 3d DCA 1983), and First State Insurance Co. v. Stubbs, 418 So.2d 1114 (Fla. 4th DCA 1982). We remand for a new trial as to the remaining unanswered jury questions, that is to say, the permanency of the alleged injury and amount of damages.

Reversed and remanded.

HURLEY, WALDEN and BARKETT, JJ., concur.

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PER CURIAM.

We reverse the appealed judgment which reflects the jury verdict finding that appellants did not have excess uninsured motorist coverage with appellee insurance carrier. We do this because the record does not reveal any evidence that the carrier offered uninsured motorist coverages equal to excess liability limits pursuant to section 627.-727(1), Florida Statutes (1983). We base our decision upon Sirantoine v. Illinois Employers Insurance of Wausau, 438 So.2d 985 (Fla. 3d DCA 1983), and First State Insurance Co. v. Stubbs, 418 So.2d 1114 (Fla. 4th DCA 1982). We remand for a new trial as to the remaining unanswered jury questions, that is to say, the permanency of the alleged injury and amount of damages.

Reversed and remanded.

HURLEY, WALDEN and BARKETT, JJ., concur.

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468 So. 2d 540, 10 Fla. L. Weekly 1233, 1985 Fla. App. LEXIS 14196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spira-v-guaranty-national-insurance-co-fladistctapp-1985.

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