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

No. 4D09-886.

49 So.3d 815 (2010)

Alexander G. SARIS, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, State Farm Florida Insurance Company, Hustriberto Hernandez, Bruno M. Pires, National Union Fire Insurance Company Of Pittsburgh Pennsylvania, and American Home Assurance Company, Appellees.

District Court of Appeal of Florida, Fourth District.

December 1, 2010.


Attorney(s) appearing for the Case

Richard A. Sherman Sr. and James W. Sherman of Law Offices of Richard A. Sherman, P.A., Fort Lauderdale, and C. Richard Fulmer, Jr. , and Loren Gant of Fulmer, LeRoy, Albee, Baumann & Glass, P.L.C., Fort Lauderdale, for appellant.

Neil Rose of Bernstein, Chackman, Liss, & Rose, Hollywood, for appellees State Farm Mutual Automobile Company and State Farm Florida Insurance Company.

No appearance for appellees Hernandez, Pires, National Union Fire Insurance Company of Pittsburgh Pennsylvania, and American Home Assurance Company.


GERBER, J.

Alexander G. Saris (the "insured") appeals the circuit court's final judgment in favor of State Farm Automobile Insurance Company and State Farm Florida Insurance Company (collectively, the "insurer"). The court found that the insured was not entitled to uninsured motorist coverage because the insured failed to comply with a policy provision requiring the insured to sue the owner or driver of the uninsured motor vehicle. We find that the policy provision...

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