FARMER v. TRAVELERS INDEMNITY COMPANY

No. 76-1537. Summary Calendar.

539 F.2d 562 (1976)

Lowell W. FARMER and Wilma Jean Farmer, husband and wife, Plaintiffs-Appellants, v. TRAVELERS INDEMNITY COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 27, 1976.


Attorney(s) appearing for the Case

John B. Cechman, Fort Myers, Fla., for plaintiffs-appellants.

A. C. Shields, III, Sarasota, Fla., for defendant-appellee.

Before AINSWORTH, CLARK and RONEY, Circuit Judges.


RONEY, Circuit Judge:

In this Florida diversity action, plaintiff, injured in an automobile accident, seeks to recover against the uninsured motorist provision of her own policy for bodily injury damage which exceeded the insurance liability coverage of the offending driver.

Although plaintiff settled with the adverse carrier for $8,500, the coverage being $10,000, her alleged damages amounted to $250,000. Since the adverse motorist was not sufficiently insured...

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