Holen v. Auto Owners Insurance Company

Full title: MARIE HOLEN, APPELLANT, v. AUTO OWNERS INSURANCE COMPANY, A MICHIGAN…

Court: District Court of Appeal of Florida, Third District

Date published: Feb 8, 1966

182 So. 2d 47 (Fla. Dist. Ct. App. 1966)

Opinion

No. 65-420.

January 11, 1966. Rehearing Denied February 8, 1966.

Appeal from Civil Court of Record, Dade County; James H. Earnest, Judge.

Law Offices of Jay A. Swidler and Robert L. Grover, Miami Beach, Herbert A. Kevin, for appellant.

Dixon, DeJarnette, Bradford, Williams, McKay Kimbrell and John W. Thornton, Miami, for appellee.

Before HENDRY, C.J., and TILLMAN PEARSON and CARROLL, JJ.

PER CURIAM.

Affirmed upon authority of the rule stated in Oren v. General Accident Fire and Life Assur. Corp., Fla.App. 1965, 175 So.2d 581. See also Continental Cas. Co. v. Weekes, 48 Fla. 1954, 74 So.2d 367, 46 A.L.R.2d 1159; and Auto-Owners Insurance Co. v. Palm Beach County, Fla.App. 1963, 157 So.2d 820.

CARROLL, Judge (dissenting).

I respectfully dissent. The provision excluding coverage of relatives of the insured "if there is any other valid and collectible medical payments or passenger accident insurance available to such relatives," should not be construed to bar recovery by plaintiff (relative) of the unpaid $1,500 balance of her $2,500 medical expense, when the "other valid and collectible insurance" was only for $1,000.