Willard v. State Farm Mutual Automobile Insurance Co.

District Court of Appeal of Florida

Willard v. State Farm Mutual Automobile Insurance Co.

395 So. 2d 1168, 1981 Fla. App. LEXIS 18801

CourtDistrict Court of Appeal of Florida

DecidedFebruary 25, 1981

DocketNo. 79-350

StatusPublished

This text of 395 So. 2d 1168 (Willard v. State Farm Mutual Automobile 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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Willard v. State Farm Mutual Automobile Insurance Co., 395 So. 2d 1168, 1981 Fla. App. LEXIS 18801 (Fla. Ct. App. 1981).

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Opinion

COWART, Judge.

The trial court relied on McLellan v. State Farm Mutual Automobile Insurance Company, 366 So.2d 811 (Fla. 4th DCA 1979), to hold that section 627.4132, Florida Statutes (1979), prohibited stacking of uninsured motorist coverages in policies insuring different named insureds. Since that ruling this court has rejected McLellan. Day v. United States Fidelity & Guaranty Co., 388 So.2d 351 (Fla. 5th DCA 1980); Florida Insurance Guaranty Association v. Johnson, 392 So.2d 1348 (Fla. 5th DCA 1980). Accordingly, the order dismissing appellant’s complaint is

REVERSED.

DAUKSCH, C. J., and SHARP, J., concur.

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COWART, Judge.

The trial court relied on McLellan v. State Farm Mutual Automobile Insurance Company, 366 So.2d 811 (Fla. 4th DCA 1979), to hold that section 627.4132, Florida Statutes (1979), prohibited stacking of uninsured motorist coverages in policies insuring different named insureds. Since that ruling this court has rejected McLellan. Day v. United States Fidelity & Guaranty Co., 388 So.2d 351 (Fla. 5th DCA 1980); Florida Insurance Guaranty Association v. Johnson, 392 So.2d 1348 (Fla. 5th DCA 1980). Accordingly, the order dismissing appellant’s complaint is

REVERSED.

DAUKSCH, C. J., and SHARP, J., concur.

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395 So. 2d 1168, 1981 Fla. App. LEXIS 18801, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willard-v-state-farm-mutual-automobile-insurance-co-fladistctapp-1981.

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