Palacino v. State Farm Mutual Automobile Insurance Co.
Palacino v. State Farm Mutual Automobile Insurance Co.
Opinion of the Court
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.
Dissenting Opinion
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.