STATE FARM MUT. AUTO. INS. CO. v. CARR

No. 96-2054.

700 So.2d 156 (1997)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Earl CARR, as Personal Representative of the Estate of Kevin Lynn Carr, deceased, Earl Carr, individually, and Sandra Carr, individually, Appellees.

District Court of Appeal of Florida, Fourth District.

October 15, 1997.


Attorney(s) appearing for the Case

Thomas A. Conrad of Heller & Conrad, P.A., Hollywood, for appellant.

Frank G. Cibula, Jr. of Law Offices of Frank G. Cibula, Jr., West Palm Beach, for appellee.


STONE, Chief Judge.

We reverse a judgment in favor of the insured because the trial court improperly denied State Farm's request for a brief recess to address an issue raised by the trial court sua sponte. The principal issue at trial was whether the insured was bound by a prior rejection of an option to stack uninsured motorist coverage.

The court directed a verdict in favor of the insured's estate based on the court's concern that State Farm had failed...

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