Florida District Courts of Appeal, 1966

Holen v. Auto Owners Insurance Co.

Holen v. Auto Owners Insurance Co.
Florida District Courts of Appeal · Decided January 11, 1966 · Carroll, Hendry, Pearson
182 So. 2d 47; 1966 Fla. App. LEXIS 5860 (Southern Reporter, Second Series)

Holen v. Auto Owners Insurance Co.

Opinion of the Court

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. Weckes, *48Fla.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.

Dissenting Opinion

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.