Garcia v. Lumbermens Mutual Ins. Co.

Full title: TEODORO GARCIA AND ALICIA GARCIA, HIS WIFE, APPELLANTS, v. THE LUMBERMENS…

Court: District Court of Appeal of Florida, Third District

Date published: Apr 13, 1971

246 So. 2d 574 (Fla. Dist. Ct. App. 1971)

Opinion

No. 70-580.

April 13, 1971.

Appeal from the Circuit Court for Dade County, Francis X. Knuck, J.

Alfred D. Bieley, Miami, for appellants.

Welsh Carroll, Horton Schwartz, Miami, for appellee.

Before PEARSON, C.J., and HENDRY and SWANN, JJ.

PER CURIAM.

We have read the briefs and record and heard oral argument in the instant cause. The appellant has failed to demonstrate reversible error. The following cases have held, implicitly or explicitly, that interest and attorneys' fees will not be awarded where there is no necessity to institute suit to confirm or collect an arbitration award under an uninsured motorist provision in an automobile liability policy. There was also no denial of coverage in the instant case. United Services Automobile Association v. Cotter, Fla.App. 1970, 241 So.2d 733; Bankers Shippers Insurance Company v. Gonzalez, Fla.App. 1970, 234 So.2d 693; Rutkin v. State Farm Mutual Automobile Insurance Company, Fla.App. 1967, 195 So.2d 221, approved in State Farm Mutual Automobile Insurance Company v. Rutkin, Fla. 1967, 199 So.2d 705.

Therefore, the final judgment is affirmed.

Affirmed.