Summary
In Apodaca v. Old Security Casualty Insurance Company, 348 So.2d 677 (Fla. 3d DCA 1977), it was held that the injured plaintiff may compel arbitration with his carrier without first proceeding to judgment against the alleged tortfeasor where the tortfeasor's liability limits are less than the injured plaintiff's uninsured motorists coverage.
Summary of this case from Weinstein v. Am. Mut. Ins. Co.Opinion
Nos. 76-1590, 76-1764.
August 9, 1977.
Appeal from the Circuit Court, Dade County, Rhea P. Grossman, J.
Horton, Perse Ginsberg, Luis Stabinski Associates, Miami, for appellant.
Vernis Bowling, Coconut Grove, and Stephen N. Montalto, North Miami, for appellee.
Before PEARSON, BARKDULL and HUBBART, JJ.
The appellant Josefa Apodaca appeals from a final summary judgment precluding her from proceeding to arbitration against the appellee Old Security Insurance Co. on an uninsured motorist claim. She contends that it was unnecessary for her to proceed to judgment against the negligent tortfeasor before she could arbitrate her uninsured motorist claim because the tortfeasor's liability insurance limits on bodily injury were less than the limits applicable under the uninsured motorist coverage. The law is clear that an injured plaintiff who has available uninsured motorist coverage may compel arbitration on an uninsured motorist claim without first proceeding to judgment against the negligent tortfeasor where the tortfeasor's liability insurance limits are less than the limits applicable under the uninsured motorist coverage. Arrieta v. Volkswagen Insurance Co., 343 So.2d 918 (Fla. 3d DCA 1977). We, accordingly, reverse the final summary judgment and remand with directions to enter a judgment in which the appellant may compel arbitration on her uninsured motorist claim without first proceeding to judgment against the negligent tortfeasor.
Reversed.