Opinion
No. 81691.
March 31, 1994. Rehearing Denied June 22, 1994.
Application for Review of the Decision of the District Court of Appeal, Direct Conflict of Decisions Fifth District, No. 92-1078 (Brevard County).
Melvin B. Wright and David B. Falstad of Gurney Handley, P.A. Orlando, for petitioner.
Edward A. Perse of Perse, P.A. Ginsberg, P.A., and Nance, Cacciatore, Sisserson, et al., Miami, for respondent.
Law Firm of Katz, Kutter, Haigler, Alderman, Davis, Marks Bryant, P.A., Tallahassee, amicus curiae for Nat. Ass'n of Independent Insurers.
Louis K. Rosenbloum of Levin, Middlebrooks, Mabie, Thomas, Mayes Mitchell, P.A., Pensacola, amicus curiae for Academy of Florida Trial Lawyers.
We quash the decision of the district court in Government Employees Insurance Co. v. Jenkins, 616 So.2d 486 (Fla. 5th DCA 1993), on the authority of World Wide Underwriters Insurance Co. v. Welker, No. 80,478, ___ So.2d ___ (Fla. Mar. 31, 1994), and remand for further proceedings consistent with our decision in Welker.
It is so ordered.
McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
BARKETT, C.J., concurs specially with an opinion.
I would have approved the decision of the district court for the reasons discussed in my dissent in World Wide Underwriters Insurance Co. v. Welker, ___ So.2d ___ (Fla. Mar. 31, 1994). In light of this court's decision in Welker, I concur with the majority.