State Farm Mutual Auto. v. Heppelle

Full title: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLANT, v. GEORGE…

Court: District Court of Appeal of Florida, Second District

Date published: Jul 13, 1988

528 So. 2d 505 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-2777.

July 13, 1988.

Appeal from the Circuit Court for Pinellas County; John T. Ware, III, Judge.

Janice A. Kelly and Terrance E. Kehoe of Haas, Boehm, Brown, Rigdon, Seacrest Fischer, P.A., Orlando, for appellant.

Alan D. Watson of Yeakle Watson, P.A., St. Petersburg, for appellee.

LEHAN, Judge.

We reverse the trial court's final summary judgment which determined that plaintiff was entitled to uninsured motorist coverage equal to the $100,000 bodily injury coverage provided by the policy. This case is controlled by Marchesano v. Nationwide Property Casualty Insurance Co., 506 So.2d 410 (Fla. 1987).

We do not agree with plaintiff's argument that Marchesano is materially distinguishable. See Landi v. Nationwide Mutual Fire Insurance Co., 529 So.2d 1170 (Fla. 2d DCA 1988).

Reversed and remanded for proceedings consistent herewith.

SCHEB, A.C.J., and PARKER, J., concur.