Summary
In Lezcano v. Leatherby Insurance Co., 372 So.2d 214 (Fla. 4th DCA 1979), this Court specifically ruled that a passenger in an automobile who was injured by the negligence of a driver of another automobile may stack his own uninsured motorist coverage with that of his host driver in order to declare the negligent tortfeasor an "uninsured" motorist pursuant to Section 627.727(3)(b), Florida Statutes (1975).
Summary of this case from Liberty Mut. Ins. Co. v. SearleOpinion
No. 78-37.
June 29, 1979. Rehearing Denied July 17, 1979.
Appeal from the Palm Beach County Circuit Court, Vaughn J. Rudnick, J.
Ronald V. Alvarez and Larry Klein, West Palm Beach, for appellants.
Basil E. Dalack, of Walton, Lantaff, Schroeder Carson, West Palm Beach, for appellee.
The question on this appeal is whether a passenger in an automobile, who is injured by the negligence of a driver of another automobile, may "stack" his own uninsured motorist coverage with that of his host driver in order to declare the tortfeasor an "underinsured" driver, pursuant to Section 627.727(2)(b), Florida Statutes (1975). The trial court held that he could not. We reverse on the authority of United States Fidelity Guaranty Company v. Curry, 371 So.2d 677, Fla. 3rd DCA, Opinion filed May 8, 1979; See generally, Tucker v. Government Employees Insurance Co., 288 So.2d 238 (Fla. 1973); Allstate Insurance Co. v. Dairyland Insurance Co., 271 So.2d 457 (Fla. 1972); Sellers v. United States Fidelity Guaranty Co., 185 So.2d 689 (Fla. 1966).
This case arose in 1975, therefore, § 627.4132 is not applicable.
REVERSED and REMANDED.
CROSS and DAUKSCH, JJ., concur.