MORENO v. FIDELITY & CAS. OF NEW YORK

No. 79-2219.

385 So.2d 127 (1980)

Julio MORENO and Maria Moreno, Appellants, v. FIDELITY & CASUALTY COMPANY OF NEW YORK, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 18, 1980.


Attorney(s) appearing for the Case

Lopez & Saldise and Lane S. Abraham, Miami, for appellants.

Demos, Carter & Dougherty and James F. Dougherty, II, Miami, for appellee.

Before BARKDULL, HUBBART and BASKIN, JJ.


PER CURIAM.

The final summary judgment under review, which was rendered in this declaratory judgment action, is reversed upon a holding that appellant insured Julio Moreno was entitled by law to stack the underinsured motorist coverages in the two subject insurance policies, which entitlement could not be abrogated by policy provision, as the accident herein occurred prior to the effective date of Section 627.4132, Florida Statutes (1979), which prohibits such stacking...

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