State Farm Mut. Auto. Ins. v. Lybrand

Full title: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, PETITIONER, v. CYNTHIA M…

Court: District Court of Appeal of Florida, Fifth District

Date published: Mar 7, 1997

692 So. 2d 204 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-3455

Opinion filed March 7, 1997 Rehearing Denied April 29, 1997

Petition for Certiorari Review of Order from the Circuit Court for Volusia County, Robert K. Rouse, Jr., Judge.

W. R. Armstrong, Daytona Beach, for Petitioner.

William L. Ross, Jr., New Smyrna Beach, for Respondent.

HARRIS, J.

We grant the petition for writ of certiorari and quash the partial final judgment finding coverage under the uninsured motorist provisions of the policy. The exclusion language for uninsured motorist benefits for vehicles insured under the liability coverage of the policy prevents the plaintiff from collecting under both the liability and uninsured motorist provisions of the policy. Travelers Ins. Co. v. Warren, 678 So.2d 324 (Fla. 1996); Bulone v. United Services Automobile Assoc., 679 So.2d 1185 (Fla. 1996); State Farm Mutual Automobile Ins. Co. v. McCarthy, 679 So.2d 772 (Fla. 1996).

PETITION GRANTED.

SHARP, W., and ANTOON, JJ., concur.