15 Fla. L. Weekly Supp. 900a
Insurance — Uninsured motorist — Other insurance — Priority
PROGRESSIVE AMERICAN INSURANCE COMPANY, Plaintiff, vs. USAA GENERAL INDEMNITY COMPANY, Defendant. Circuit Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 08-002093, Div. K. April 9, 2008. Marva L. Crenshaw, Judge. Counsel: Phil S. Yurecka, Reynolds Stowell Parrino Attorneys at Law, St. Petersburg. Michael P. Keenan.
ORDER ON PLAINTIFF’S MOTION FOR DECLARATORY SUMMARY JUDGMENT AND DEFENDANT’S CROSS-MOTION FOR DECLARATORY SUMMARY JUDGMENT
THIS CAUSE having come before the Court for hearing on March 20, 2008, on the Plaintiff’s Motion for Declaratory Summary Judgment and the Defendant’s Cross-Motion for Declaratory Summary Judgment, and the Court having reviewed the Motions and the file, having heard the arguments of counsel, having reviewed case law and procedural law, and being fully advised in the premises, it is
ORDERED and ADJUDGED that
1. The Plaintiff’s Motion for Declaratory Summary Judgment is GRANTED.
2. Based upon the terms and language of the parties’ respective insurance policies, the decision in Nationwide General Ins. Co. v. United Services Automobile Ass’n. 715 So. 2d 1119 (Fla. 1st DCA 1998), and Florida Statutes section 627.727(9), the Progressive Uninsured Motorist coverage is excess to the USAA Uninsured Motorist coverage under the facts of this case.
3. The Defendant’s Cross-Motion for Declaratory Summary Judgment is DENIED.
4. The Court retains jurisdiction on costs and attorney fees.
