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ECONOMY FIRE AND CAS. CO. v. OBENLAND

No. 93-00824.

629 So.2d 265 (1993)

ECONOMY FIRE AND CASUALTY COMPANY and Milwaukee Guardian Insurance Company, Appellants, v. Betty Jo OBENLAND; John F. Obenland; Rick Strawbridge, Inc., a corporation authorized to do business in the State of Florida; and Raymond Slocum, individually, Appellees.

District Court of Appeal of Florida, Second District.

December 15, 1993.

Attorney(s) appearing for the Case

George A. Vaka and Amy M. Tamargo of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for appellants.

Frank Comparetto, Jr. of Law Office of Frank Comparetto, Jr., P.A., Lakeland, for appellees Betty Jo and John F. Obenland.

J. Michael McCarthy and David C. Dale, Lakeland, for appellees Rick Strawbridge, Inc. and Raymond Slocum.

CAMPBELL, Judge.

In this negligence action arising out of an automobile/pedestrian accident, we are asked to decide whether the uninsured or underinsured motorist (UM) carrier may "piggyback" its subrogation claim onto the timely filed underlying negligence action and, if so, whether the collateral source rule prevents collection of the claim in any event. We hold that, because of its uniquely dependent nature, the UM claim may be "piggybacked" onto the timely filed...

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