Empire Fire Marine Ins. v. Solomon

Full title: EMPIRE FIRE AND MARINE INSURANCE COMPANY, APPELLANT, v. JEFFREY J…

Court: District Court of Appeal of Florida, Third District

Date published: Feb 7, 1984

444 So. 2d 1123 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-1176.

February 7, 1984.

Appeal from the Circuit Court, Dade County, Lewis B. Whitworth, J.

Lanza, Sevier, Womack O'Connor, Coral Gables, and Judith A. Bass, Miami, for appellant.

High, Stack, Lazenby, Palahach Lacasa, Coral Gables, and Philip J. Cole, Miami, for appellee.

Before SCHWARTZ, C.J., and NESBITT and DANIEL S. PEARSON, JJ.

PER CURIAM.

The appellant, an excess carrier, was correctly held liable for uninsured motorist coverage in the amount of the automobile liability limits because, in direct contravention of Section 627.727(1), Florida Statutes (1981), it did not offer UM protection to the insured. Cohen v. American Home Assurance Co., 367 So.2d 677 (Fla. 3d DCA 1979), cert. denied, 378 So.2d 342 (Fla. 1979).

Affirmed.