Samack v. Travelers Insurance Co.

Plaintiff appeals from an order of the circuit court granting defendant’s motion to dismiss her amended complaint for declaratory judgment and damages. She raises as issues whether Florida’s no-fault insurance statute precludes her from suing the driver of the car that struck the car in which she was riding; and, if it does, whether she is entitled to compensation from her own insurance company, defendant Travelers Insurance Co. (Travelers), under the uninsured motorist provision of her policy with them.

For the reasons which follow, we reverse and remand with directions.

The amended complaint…