From Casetext: Smarter Legal Research

Willard v. St. Farm Mut. Auto. Ins. Co.

District Court of Appeal of Florida, Fifth District
Apr 3, 1981
395 So. 2d 1168 (Fla. Dist. Ct. App. 1981)

Opinion

No. 79-350.

February 25, 1981. Rehearing Denied April 3, 1981.

Appeal from Circuit Court, Orange County; Maurice M. Paul, Judge.

Mel R. Martinez, of Frederick, Wooten Honeywell, P.A., Orlando, for appellant.

James O. Driscoll and Thomas G. Kane, of Driscoll, Langston, Layton Kane, P.A., Orlando, for appellee State Farm Mutual Automobile Insurance Company.


The trial court relied on McLellan v. State Farm Mutual Automobile Insurance Company, 366 So.2d 811 (Fla. 4th DCA 1979), to hold that section 627.4132, Florida Statutes (1979), prohibited stacking of uninsured motorist coverages in policies insuring different named insureds. Since that ruling this court has rejected McLellan. Day v. United States Fidelity Guaranty Co., 388 So.2d 351 (Fla. 5th DCA 1980); Florida Insurance Guaranty Association v. Johnson, 392 So.2d 1348 (Fla. 5th DCA 1980). Accordingly, the order dismissing appellant's complaint is

REVERSED.

DAUKSCH, C.J., and SHARP, J., concur.


Summaries of

Willard v. St. Farm Mut. Auto. Ins. Co.

District Court of Appeal of Florida, Fifth District
Apr 3, 1981
395 So. 2d 1168 (Fla. Dist. Ct. App. 1981)
Case details for

Willard v. St. Farm Mut. Auto. Ins. Co.

Case Details

Full title:TERESA L. WILLARD, APPELLANT, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE…

Court:District Court of Appeal of Florida, Fifth District

Date published: Apr 3, 1981

Citations

395 So. 2d 1168 (Fla. Dist. Ct. App. 1981)