LEATHERBY INSURANCE COMPANY v. WILLOUGHBY

Nos. 73-826, 73-835.

315 So.2d 553 (1975)

LEATHERBY INSURANCE COMPANY, Appellant, v. David H. WILLOUGHBY, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 14, 1975.


Attorney(s) appearing for the Case

Glos & Carson and John R. Parkhill, Tampa, for appellant.

W. DeHart Ayala, Jr., of Few & Ayala, Tampa, for appellee.


McNULTY, Chief Judge.

This is a case of first impression in Florida and it presents the question of whether an innocent insured under an uninsured motorist provision of a liability policy may recover from his own carrier because of injuries resulting from an intentional wrong of an uninsured motorist. The trial judge answered the question in the affirmative and we agree.

The agreed upon operative facts are that one Plitz, an uninsured motorist, intentionally...

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