Civil Litigation

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Travelers Indemnity Company v. Integon General Insurance Company

25 Fla. Law Weekly D149 (Fla. 5th DCA January 7, 2000).

An uninsured motorist carrier stands in the shoes of the tortfeasor when defending a claim made against it by its insured, in that the insurer may assert defenses that would be available to the uninsured motorist. Allstate Insurance Company v. Boynton, 486 So. 2d 552 (Fla. 1986). That does not mean, however, that an insurer stands in the shoes of the tortfeasor when one insurer seeks contribution from the other as an alleged co-obligor. Nor does it mean that in a case controlled by North Carolina law, a cause of action under section 768.31 may be brought.

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