NATIONWIDE MUT. FIRE INS. v. PHILLIPS

No. 92-270.

609 So.2d 1385 (1992)

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Appellant, v. Kevin PHILLIPS and Kimberly Phillips f/k/a Kimberly Scanato, Appellees.

District Court of Appeal of Florida, Fifth District.

Certification Denied December 14, 1992.


Attorney(s) appearing for the Case

George A. Vaka of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for appellant.

Paul B. Irvin of Troutman, Williams, Irvin & Green, P.A., Winter Park, for appellees.


COBB, Judge.

The issue on appeal concerns whether a Class I insured is entitled to uninsured motorist ("UM") coverage even if he would not have been entitled to liability coverage had the accident in question been his fault. Class I insureds are the named insured, his or her spouse, and relatives of the same household, all of whom are covered by uninsured motorist family protection even when the insured automobile is not involved in the accident from which the injuries...

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