Herman v. State Farm Mutual Automobile Insurance Co.

BARBAS, REX MARTIN, Associate Judge.

Anita and Harold Herman seek review of a final summary judgment which determined that their claim for uninsured motorist (“UM”) benefits was barred by the Georgia two-year statute of limitations applicable to personal injury actions. The judgment was rendered on January 12, 2005. Subsequently this court decided Ellis v. United Services Automobile Ass’n, 909 So.2d 593 (Fla. 2d DCA 2005), which held on similar facts that Florida’s four-year statute would apply. Because Ellis1 controls the outcome here, we reverse and remand for further proceedings.

The Hermans…