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Florida District Courts of Appeal, 1983

Sirantoine v. ILL. EMPLOYERS INS.

Sirantoine v. ILL. EMPLOYERS INS.
Florida District Courts of Appeal · Decided October 11, 1983 · Barkdull, Nesbitt and Jorgenson
438 So. 2d 985 (Southern Reporter, Second Series)

Sirantoine v. ILL. EMPLOYERS INS.

Opinion

438 So.2d 985 (1983)

Maurice SIRANTOINE and Pierette Sirantoine, Individually and As Husband and Wife, Appellants,
v.
ILLINOIS EMPLOYERS INSURANCE OF WAUSAU, Appellee.

No. 83-474.

District Court of Appeal of Florida, Third District.

October 11, 1983.

Wolfson & Diamond, P.A., Miami Beach, and Robert Polsky, Miami, for appellants.

Kimbrell, Hamann, Jennings, Womack, Carlson & Kniskern, P.A., and John W. Wylie, Miami, for appellee.

Before BARKDULL, NESBITT and JORGENSON, JJ.

PER CURIAM.

We reverse and remand with directions to enter judgment for the Sirantoines upon a holding that an excess insurer must offer uninsured motorist coverage equal to the excess limits of bodily injury liability, notwithstanding a rejection of uninsured motorist coverage in the primary policy. See First State Insurance Co. v. Stubbs, 418 So.2d 1114 (Fla. 4th DCA 1982), review denied, 426 So.2d 26 (Fla. 1983); § 627.727(1), Fla. Stat. (1981).

Reversed and remanded with directions to enter judgment for the defendants below.

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