Opinion
No. 88-1021.
November 15, 1988.
An Appeal from a non-final order of the Circuit Court for Dade County; Stuart M. Simons, Judge.
Stinson, Lyons, Gerlin Bustamante, and Douglas Lyons, Miami, for appellant.
Rhea P. Grossman, Miami, Lanza, O'Connor, Armstrong, Sinclair Tunstall, Coral Gables, for appellee.
Before SCHWARTZ, C.J., and NESBITT and DANIEL S. PEARSON, JJ.
This is an appeal from a final judgment determining that an arbitration escape provision in an uninsured motorist policy was void. The judgment, requiring the insured to pursue his claim in court, is reversed on authority of Roe v. Amica Mutual Insurance Co., 533 So.2d 279 (Fla. 1988), aff'g Amica Mutual Insurance Co. v. Roe, 515 So.2d 1370 (Fla. 2d DCA 1987). In that case, the supreme court held that nonbinding arbitration clauses are not in conflict with the Florida Arbitration Code, and thus disapproved Berger v. Fireman's Fund Insurance Co., 515 So.2d 997 (Fla. 3d DCA), review dismissed, 519 So.2d 987 (Fla. 1987).
REVERSED and REMANDED.