HomeMy WebLinkAbout0780i
~ s~~il ;
,
IN THB CIRCUIT COURT OF THB NINB-
TESNTA JUDICIAL CIRCUIT IN AND FOR
ST. LUCIB COUNTY, FLORIDA.
CASB N0. 80-483 CA
GUSTAV J. KAAL and FRANCES
RAAL, his wife,
Plaintiffs,
vs.
CUMIS INSURANCE SOCIETY, INC.,
Defendant.
/
0 R D E R
THIS CAUSE coming on to be heard on Defendant's motion
to dismiss the amended complaint, and the Court having heard ar-
gument of.counsel and considered memoranda of law, upon due con-
sideration, Defendant's motion to dismiss Count I of the amended
complaint is denied. Defendant shall have twenty (20) days from
date in which to further plead. s
i
Count II is an action for declaratory ~udgment in which ~
Plaintiffs seek to determine whether they can stack uninsured i
a
motorist coverage under a policy of insurance insuring two vehicles
with an effective policy period from March 14, 1980 to Septamber 14,
1980. Plaintiffs were involved in an automobile accident and al-
legedly sustained bodily injuries on April 4, 1980. This suit was
filed on or about August 19, 1980. Florida Statute 627.4132 was
enacted in 1976, and prohibited stacking of uninsured motorist
coverage. This statute was amended by Chapter 80-364, which was
signed by the Governor on July 3, 1980 and filed in the office of
the Secretary of State on July 7, 1980. However, this amendment
provided that it shall take effect October 1, 1980. Plaintiffs
contend that the Court should construe the amendment as a return to
the common law permitting "stacking", and that the return to the
common law by this amendment is immediate, disregarding the fact that
the act provided for an effective date of October 1, 1980. In this
case, the policy was not only issued at the time stacking was not
permitted, but the accident occurred before the repeal of F.S. ,
627.4132 as it pertains to uninsured motorist coverage. To construe
M
~
I
di
,
_~~. : : :~
=~:~~ ~~~,~ ~.={;~ ~._, . -,
80'.~~~~ Y16E 1 ~ O
~
~~ -