AMERICAN MOTORISTS INS. CO. v. WEINGARTEN

No. GG-7.

355 So.2d 821 (1978)

AMERICAN MOTORISTS INS. CO., Appellant, v. Howard Seth WEINGARTEN, a Minor by His Next Friend and Natural Father, Charles Weingarten, and Charles Weingarten, Individually, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied March 23, 1978.


Attorney(s) appearing for the Case

Cliff B. Gosney, Jr., of Gosney, Cameron & Parsons, Daytona Beach, for appellant.

Robyn Greene of Greene & Cooper, Miami, Arno Kutner of Preddy, Kutner & Hardy, Miami, and Dennis A. Koltun, Coral Gables, for appellees.


SMITH, Acting Chief Judge.

The insurer appeals from a summary judgment for the insured, finding that (a) underinsured motorist insurance to the extent of the bodily injury liability coverage was provided the insured who was not offered and did not reject coverage to that extent, as provided in Section 627.727(1), Florida Statutes (1975); and (b) the insured was entitled to stack the amounts of additional uninsured motorist coverage thus provided by the policy, which...

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