Florida District Courts of Appeal, 1988

Goldwich v. Liberty Mutual Insurance Co.

Goldwich v. Liberty Mutual Insurance Co.
Florida District Courts of Appeal · Decided November 15, 1988 · Nesbitt, Pearson, Schwartz
537 So. 2d 599; 13 Fla. L. Weekly 2503; 1988 Fla. App. LEXIS 5008; 1988 WL 120909 (Southern Reporter, Second Series)

Goldwich v. Liberty Mutual Insurance Co.

Opinion of the Court

PER CURIAM.

This is an appeal from a final judgment determining that an arbitration escape provision in an uninsured motorist policy was void. The judgment, requiring the insured to pursue his claim in court, is reversed on authority of Roe v. Arnica Mutual Insurance Co., 533 So.2d 279 (Fla. 1988), aff’g Amica Mutual Insurance Co. v. Roe, 515 So.2d 1370 (Fla. 2d DCA 1987). In that case, the supreme court held that nonbinding arbitration clauses are not in conflict with the Florida Arbitration Code, and thus disapproved Berger v. Fireman’s Fund In*600surance Co., 515 So.2d 997 (Fla. 3d DCA), review dismissed, 519 So.2d 987 (Fla. 1987).

REVERSED and REMANDED.

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