ST. PAUL MERCURY INS. CO. v. MacDONALD

No. 86-1997.

509 So.2d 1139 (1987)

ST. PAUL MERCURY INSURANCE CO., Appellant, Cross-Appellee, v. Harry B. MacDONALD and Lois A. MacDonald and Peggy Mostowa, Personal Representative of the Estate of Dorothy M. Stoeker, Deceased, Appellees, Cross-Appellants.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 21, 1987.


Attorney(s) appearing for the Case

Gerald W. Pierce of Henderson, Franklin, Starnes & Holt, P.A., Fort Myers, for appellant, cross-appellee.

George O. Kluttz of George O. Kluttz, P.A., Fort Myers, for appellees, cross-appellants.


SCHEB, Acting Chief Judge.

St. Paul Mercury Insurance Company appeals a final judgment awarding the MacDonalds uninsured motorist (UM) benefits in the amount of the bodily injury (BI) liability limits in their automobile insurance policy. We reverse.

In 1970, the MacDonalds obtained an automobile insurance policy from St. Paul providing limits of $100,000/$300,000 of BI coverage and $10,000/$20,000 UM coverage. The policy was in force when section 627.727...

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