Supreme Court of Florida, 1991

Palacino v. State Farm Mutual Automobile Insurance Co.

Palacino v. State Farm Mutual Automobile Insurance Co.
Supreme Court of Florida · Decided October 3, 1991 · Barkett, Grimes, Harding, Kogan, McDonald, Overton, Shaw
589 So. 2d 239; 17 Fla. L. Weekly Supp. 169; 1991 Fla. LEXIS 1690; 1991 WL 194222 (Southern Reporter, Second Series)

Palacino v. State Farm Mutual Automobile Insurance Co.

Opinion of the Court

PER CURIAM.

We have for review State Farm Mutual Automobile Insurance Co. v. Palacino, 562 So.2d 837 (Fla. 4th DCA 1990), which certified conflict with Jernigan v. Progressive American Insurance Co., 501 So.2d 748 (Fla. 5th DCA), review denied, 513 So.2d 1062 (Fla. 1987), disapproved, Brixius v. Allstate Insurance Co., 589 So.2d 236 (Fla. 1991). The court below expressly applied the law as stated in Brixius v. Allstate Insurance Co., 549 So.2d 1191 (Fla. 2d DCA 1989), which we subsequently have approved. Brixius, 589 So.2d at 238. Accordingly, the opinion under review is approved.

It is so ordered.

SHAW, C.J. and OVERTON, GRIMES and HARDING, JJ., concur. KOGAN, J., dissents with an opinion, in which BARKETT, J., concurs. McDONALD, J., dissents.

Dissenting Opinion

KOGAN, Judge,

dissenting.

I dissent for the reasons I expressed in Brixius v. Allstate Insurance Co., 589 So.2d 236 (Fla. 1991) (Kogan, J., dissenting).

BARKETT, J., concurs.

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