LEGION INS. CO. v. MOORE

No. 4D01-1640.

846 So.2d 1183 (2003)

LEGION INSURANCE COMPANY, Appellant, v. Frances MOORE, Personal Representative, Estate of James L. Moore; and Milton Spector, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 27, 2003.


Attorney(s) appearing for the Case

John Beranek and Jann Johnson Bellamy of Ausley & McMullen, Tallahassee, and Edward Nicklaus of Nicklaus, Hyatt & Pena, P.A., Coral Gables, for appellant.

Henry J. Graham, Robert Scott Cox and David H. Burns of Cox & Burns, P.A., Tallahassee, for appellee Frances Moore.


FARMER, J.

An insurance carrier seeks review of an order striking its claim for a declaratory judgment as to coverage under an uninsured motorist (UM) insurance policy. To determine whether the carrier is liable for damages under the UM provision, it is necessary to resolve how the accident occurred in which claimant's decedent perished. Was it a "single vehicle" accident, or was it caused by a "phantom vehicle?" We find no error in the trial judge's determinations...

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