O'Donnell v. Colonial Penn Insurance Co.

DANIEL S. PEARSON, Judge.

There is not the slightest indication in this case, much less any allegation in the O’Donnells’ complaint, that the primary and derivative damages allegedly suffered by them when Francis O’Donnell fell from the back of a pickup truck exceed or even come close to the amount of $300,000 which the defendant insurance company admits is the amount of uninsured motorist insurance coverage available to the plaintiffs. Since it is apodictic that a suit for declaratory relief must involve a bona fide controversy between the parties, Miller v. Miller, 151 So.2d 869 (Fla. 2d DCA…