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SEIBERT v. McNAMARA

No. 73836.

566 So.2d 767 (1990)

Robert Edwin SEIBERT, et al., Petitioners, v. Matthew L. McNAMARA, Jr., et al., Respondents.

Supreme Court of Florida.

September 6, 1990.

Attorney(s) appearing for the Case

Jonathan C. Hollingshead of Fisher, Rushmer, Werrenrath, Keiner, Wack & Dickson, P.A., Orlando, for petitioner.

W.M. Chanfrau of Chanfrau & Chanfrau, P.A., Daytona Beach, for respondent.

Betsy E. Gallagher of Kubicki, Bradley, Draper, Gallagher & McGrane, P.A., Miami, amicus curiae for State Farm Mut. Auto. Ins. Co.

GRIMES, Justice.

We review McNamara v. Seibert, 537 So.2d 1009 (Fla. 5th DCA 1988), in which the Fifth District Court of Appeal, on rehearing, certified to this Court the following question of great public importance:

MAY A SURVIVOR, AS THAT TERM IS DEFINED IN THE FLORIDA WRONGFUL DEATH ACT, RECOVER FROM HIS OWN UNINSURED MOTORIST INSURANCE POLICY HIS DAMAGES WHERE THE DECEDENT IS NOT A COVERED PERSON UNDER THE POLICY...

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