STATE FARM MUT. AUTO. INS. CO. v. WIMPEE

No. 78-1713.

376 So.2d 20 (1979)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Leonard James WIMPEE, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 26, 1979.


Attorney(s) appearing for the Case

George A. McKendree of Miller, McKendree & Somers, Tampa, for appellant.

Robert Mettlebaum and Lee S. Damsker of Gordon & Maney, P.A., Tampa, for appellee.


RYDER, Judge.

State Farm appeals the summary judgment against it finding Wimpee entitled to uninsured motorist coverage. Appellant urges that the anti-stacking statute, Section 627.4132, Fla. Stat. (1977), prohibits uninsured motorist coverage for accidents occurring while the insured occupies another vehicle owned by him but not insured. We agree, and reverse.

On October 21, 1976, appellant State Farm issued an automobile liability insurance policy to appellee...

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