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Fred S. James Co of Fla. v. Miranti

District Court of Appeal of Florida, Fourth District
Mar 24, 1988
520 So. 2d 630 (Fla. Dist. Ct. App. 1988)

Opinion

No. 4-86-1844.

February 10, 1988. Rehearing Denied March 24, 1988.

Appeal from the Circuit Court, Broward County, Patricia W. Cocalis, J.

Robert J. Burke of Thornton Hinshaw, Culbertson, Miami, for appellant.

William E. Stockman of Sullivan, Bailey, Winch Stockman, P.A., Pompano Beach, for appellees.


We affirm on all issues except we reverse the trial court's ruling that Tina Miranti, as personal representative of the Estate of Franklin D. Bailey, has uninsured motorist coverage with Midland Insurance Company from $20,000 to the maximum limit of $4,000,000. See First State Insurance Company v. Stubbs, 418 So.2d 1114 (Fla. 4th DCA 1982), petition for rev. denied, 426 So.2d 26, 29 (Fla. 1983). Since liability coverage on an excess policy is coextensive to the uninsured motorist coverage, the Midland's excess policy in the instant case provides uninsured motorist coverage beginning at $500,000 to $4,000,000. We acknowledge but reject appellee's contention that section 627.418, Florida Statutes (1985), mandates lowering the uninsured motorist coverage limit below the lower limit of liability coverage.

AFFIRMED IN PART; REVERSED IN PART.

ANSTEAD, GUNTHER and STONE, JJ., concur.


Summaries of

Fred S. James Co of Fla. v. Miranti

District Court of Appeal of Florida, Fourth District
Mar 24, 1988
520 So. 2d 630 (Fla. Dist. Ct. App. 1988)
Case details for

Fred S. James Co of Fla. v. Miranti

Case Details

Full title:FRED S. JAMES COMPANY OF FLORIDA, INC., A FLORIDA CORPORATION, APPELLANT…

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 24, 1988

Citations

520 So. 2d 630 (Fla. Dist. Ct. App. 1988)