Florida District Courts of Appeal, 1982

Fidelity & Casualty Co. of New York v. Chacon

Florida District Courts of Appeal · Decided January 19, 1982 · Baskin, Jorgenson, Pearson

408 So. 2d 812; 1982 Fla. App. LEXIS 19043 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Caballero v. Metropolitan Property & Liability Insurance Co. (Fla. Dist. Ct. App. 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

BASKIN, Judge.

We find no error in the Final Declaratory Judgment entered by the trial court determining in effect that appellees, who were insured under two uninsured motorist poli*813cies, one by State Farm Insurance Co. covering Jaime Chacon and another by appellant Fidelity & Casualty Company of New York covering appellees’ daughter Teresita, could collect from both insurers. In the event appellees recover from Fidelity & Casualty Company of New York, their settlement with State Farm Insurance Co. would subject the entire amount received to pro rata division by the insurers up to the amount of appellees’ losses. Sellers v. United States Fidelity & Guaranty Co., 185 So.2d 689 (Fla. 1966); State Farm Mutual Automobile Insurance Co. v. Colonial Penn Insurance Co., 379 So.2d 1036 (Fla. 3d DCA 1980); State Fire & Casualty Co. v. National Indemnity Co., 225 So.2d 570 (Fla. 3d DCA 1969).

Affirmed.

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