Soliday v. State Farm Mut. Auto. Ins. Co.

Full title: JOHN SOLIDAY AND BARBARA SOLIDAY, HIS WIFE, PETITIONERS, v. STATE FARM…

Court: District Court of Appeal of Florida, Third District

Date published: Nov 12, 1986

497 So. 2d 717 (Fla. Dist. Ct. App. 1986)

Opinion

No. 86-1721.

November 12, 1986.

Michael R. Friend, for petitioners.

James K. Clark, for respondent.

Before BARKDULL, HUBBART and FERGUSON, JJ.

PER CURIAM.

A person with underinsured motorist coverage is not obligated to first bring an action against the tort-feasor before resolving a claim against his own carrier.¹ United States Fidelity Guaranty v. State Farm Mutual Automobile Insurance Co., 369 So.2d 410 (Fla. 3d DCA 1979); Arretta v. Volkswagon Insurance Co., 343 So.2d 918 (Fla. 3d DCA 1977).

1 Respondent has confessed error.

Certiorari is granted. The order of dismissal is quashed and the cause is remanded for further proceedings.