Seibert v. McNamara, 566 So. 2d 767 (Fla. 1990). · Go Syfert
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Robert Edwin SEIBERT
v.
Matthew L. McNAMARA, Jr.
No. 73836.
Supreme Court of Florida.
Sep 6, 1990.
566 So. 2d 767
1990 Fla. LEXIS 1108
1990 WL 130208
Jonathan C. Hollingshead of Fisher, Rushmer, Werrenrath, Keiner, Wack & Dickson, P.A., Orlando, for petitioner., W.M. Chanfrau of Chanfrau & Chanfrau, P.A., Daytona Beach, for respondent., Betsy E. Gallagher of Kubicki, Bradley, Draper, Gallagher & McGrane, P.A., Miami, amicus curiae for State Farm Mut. Auto. Ins. Co.
Barkett, Ehrlich, Grimes, Kogan, McDonald, Overton, Shaw.
Cited by 2 opinions  |  Published
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Citer courts: District Court of Appeal of Fl… (1)

Lead Opinion

GRIMES, Justice.

We review McNamara v. Seibert, 537 So.2d 1009 (Fla. 5th DCA 1988), in which the Fifth District Court of Appeal, on rehearing, certified to this Court the following question of great public importance:

MAY A SURVIVOR, AS THAT TERM IS DEFINED IN THE FLORIDA WRONGFUL DEATH ACT, RECOVER FROM HIS OWN UNINSURED MOTORIST INSURANCE POLICY HIS DAMAGES WHERE THE DECEDENT IS NOT A COVERED PERSON UNDER THE POLICY?

Id. at 1010-11. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

On facts essentially the same as those in the instant case for purposes of the legal issue involved, this Court recently held that the uninsured motorist statute does not require coverage for anyone who may be entitled to recover consequential damages as a survivor under the wrongful death statute when the decedent had neither liability nor uninsured motorist coverage under the policy. Valiant Ins. Co. v. Webster, 567 So.2d 408 (Fla.1990). Therefore, as it relates to the facts of the case, we answer the certified question in the negative and quash the decision below.

It is so ordered.

OVERTON, MCDONALD and EHRLICH, JJ., concur. KOGAN, J., concurs specially with an opinion, in which BARKETT, J., concurs. SHAW, C.J., dissents.

Concurrence

KOGAN, Justice,

specially concurring.

I concur solely because of this Court’s ruling in Valiant Insurance Company v. Webster, 567 So.2d 408 (Fla.1990).

BARKETT, J., concurs.