Legal Opinion

Dairyland Insurance Co. v. Allstate Insurance

District Court of Appeal of Florida

Decided February 8, 1972No. P-173PublishedCited by 2 opinions

1Opinion of the Court

RAWLS, Judge.

Two casualty insurance companies argue as to their respective liability for payment of a valid claim to an insured arising out of an accident involving an uninsured motorist.

Irene Nicely was a passenger in an automobile, insured by Allstate, which was involved in an accident with an uninsured motorist. Irene, through arbitration, received her damages in the sum of $3,750.00 from Allstate (her driver’s insurer). Allstate’s policy limit was $10,000.00. Irene’s insurer was Dairyland and its exposure was $15,000.00. After paying Irene, Allstate instituted this suit seeking a pro rata…

2Cases cited4 opinions

  1. Sellers v. United States Fidelity & Guaranty Co.Supreme Court of Florida · 1966
  2. Davis v. United States Fidel. & G. Co. of Baltimore, Md.District Court of Appeal of Florida · 1965
  3. Spurgeon v. State Farm Mutual Insurance CompanyDistrict Court of Appeal of Florida · 1964
  4. Safeco Insurance Co. of America v. Hawkeye-Security Insurance Co.District Court of Appeal of Florida · 1969

3Cited by2 opinions

  1. Allstate Insurance Co. v. Dairyland Insurance Co.Supreme Court of Florida · 1972
  2. Long v. United States Fidelity and Guaranty Co.District Court, N.D. Alabama · 1975

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