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Phillips v. Auto-Owners Insurance Co.

District Court of Appeal of Florida, Second District
Apr 12, 1991
577 So. 2d 718 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-02074.

April 12, 1991.

Appeal from the Circuit Court for Sarasota County; Peter A. Dubensky, Judge.

M. David Shapiro of Michael R. Karp, P.A., Sarasota, for appellants.

L. Floyd Price of Price, Price Prouty, Chartered, Bradenton, for appellee.


This is an appeal from a summary judgment entered in favor of appellee insurance carrier ruling that appellants were not entitled to recover under their uninsured motorist policy for injuries sustained in an automobile accident with third party tortfeasors with whom appellants settled without the carrier's consent. On the authority of Rafferty v. Progressive Am. Ins. Co., 558 So.2d 432 (Fla. 2d DCA 1990) and Watherwax v. Allstate Ins. Co., 538 So.2d 108 (Fla. 2d DCA 1989), we reverse. We conclude from the record that a genuine issue of material fact existed as to whether appellee's subrogation rights had been prejudiced from the settlement.

Reversed and remanded for proceedings consistent herewith.

RYDER, A.C.J., and LEHAN and THREADGILL, JJ., concur.


Summaries of

Phillips v. Auto-Owners Insurance Co.

District Court of Appeal of Florida, Second District
Apr 12, 1991
577 So. 2d 718 (Fla. Dist. Ct. App. 1991)
Case details for

Phillips v. Auto-Owners Insurance Co.

Case Details

Full title:HELEN PHILLIPS AND RONALD PHILLIPS, HUSBAND AND WIFE, APPELLANTS, v…

Court:District Court of Appeal of Florida, Second District

Date published: Apr 12, 1991

Citations

577 So. 2d 718 (Fla. Dist. Ct. App. 1991)