Durr v. Champion Insurance Co.

DOMENGEAUX, Chief Judge.

This case arises from an automobile accident which occurred in Daytona Beach, Florida, on April 18, 1987. Plaintiffs, Durr and Sepalvado, were rear-ended by Robert Hendershott, allegedly a Michigan domiciliary driving a Michigan registered automobile. Plaintiffs are Louisiana domiciliaries who were travelling in Florida on the day of the accident.

Hendershott was not made a party to this suit. Rather, plaintiffs sued Durr’s uninsured motorist insurer, Champion Insurance Company. The cause of action was based on the premise that because Florida is a “no-fault” state,…