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ALLSTATE INS. CO. v. MORALES

No. 88-567.

533 So.2d 952 (1988)

ALLSTATE INSURANCE COMPANY, Appellant, v. Norma I. MORALES, Appellee.

District Court of Appeal of Florida, Fifth District.

November 23, 1988.

Attorney(s) appearing for the Case

Janet DeLaura Harrison of Smalbein, Johnson, Rosier, Bussey, Rooney & Ebberts, P.A., Rockledge, and Robert W. Mixson of Smalbein, Johnson, Rosier, Bussey, Rooney & Ebbetts, P.A., Orlando, for appellant.

Thomas M. Ervin, Jr. and Robert M. Ervin, Jr., of the Law Firm of Ervin, Varn, Jacobs, Odom & Kitchen, Tallahassee, and Maher, Overchuck & Langa, P.A., Orlando, for appellee.

COBB, Judge.

The issue presented on this appeal is whether under section 627.727(1), Florida Statutes (1983)1, an underinsured motorist carrier is entitled to set-off the monies paid by the liability carrier for the tortfeasor from the verdict rendered in favor of the plaintiff under the underinsured motorist (UM) coverage. In March, 1984, the appellee, Morales, was injured in an auto accident caused by William Oates, who is not a party...

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