Summary
In Nationwide Mutual Fire Insurance Co. v. Phillips, 640 So.2d 53 (Fla. 1994), based on World Wide Underwriters Insurance Co. v. Welker, 640 So.2d 46 (Fla. 1994), the supreme court quashed this court's opinion in Nationwide Mutual Fire Insurance Co. v. Phillips, 609 So.2d 1385 (Fla. 5th DCA 1992).
Summary of this case from Petrysian v. Metropolitan Gen. Ins. Co.Opinion
No. 80986.
March 31, 1994. Rehearing Denied May 24, 1994.
Appeal from the Circuit Court, Seminole County, Robert B. McGregor, J.
George A. Vaka of Fowler, White, Gillen, Boggs, Villareal Banker, P.A., Tampa, for petitioner.
Paul B. Irvin of Troutman, Williams, Irvin, Green Helms, P.A., Winter Park, for respondents.
Louis K. Rosenblooum of Levin, Middlebrooks, Mabie, Thomas, Mayes Mitchell, P.A., Pensacola, amicus curiae, for Academy of Florida Trial Lawyers.
Raymond T. Elligett, Jr. and Amy S. Farrior of Schropp, Buell Elligett, P.A., Tampa, amicus curiae, for Government Employees Ins. Co.
We have for review Nationwide Mutual Fire Insurance Co. v. Phillips, 609 So.2d 1385 (Fla. 5th DCA 1992), in which the district court held that Kevin Phillips, who was injured while operating a motorcycle owned by him, was an insured and entitled to uninsured motorist benefits under a policy of insurance issued to his wife, even though that policy excluded from coverage any motor vehicle owned by him that was not specifically covered by the wife's policy. We find conflict with this Court's decision in Valiant Insurance Co. v. Webster, 567 So.2d 408 (Fla. 1990), and the Second District Court of Appeal's decision in Bolin v. Massachusetts Bay Insurance Co., 518 So.2d 393 (Fla. 2d DCA 1987). We expressly disapprove the district court's decision in the instant case for the reasons expressed in our decision in World Wide Underwriters Insurance Co. v. Welker, 640 So.2d 46 (Fla. 1994). Accordingly, we quash the decision of the district court with directions that this case be remanded to the trial court for entry of judgment for the petitioner.
We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.
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, 640 So.2d 46 (Fla. 1994). In light of this court's decision in Welker, I concur with the majority.