Soliday v. State Farm Mut. Auto. Ins. Co.

497 So.2d 717 (1986) John SOLIDAY and Barbara Soliday, His Wife, Petitioners, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., a Foreign Corp., Respondent. No. 86-1721. District Court of Appeal of Florida, Third District. November 12, 1986. Michael R. Friend, for petitioners. James K. Clark, for respondent. Before BARKDULL, HUBBART and FERGUSON, JJ. PER CURIAM. A person with underinsured motorist coverage is not obligated to first bring an action against the tort-feasor before resolving *718 a claim against his own carrier.[1]United States Fidelity & Guaranty v. State Farm Mutual Automobile Insurance Co., 369 So.2d 410 (Fla. 3d DCA 1979); Arretta v. Volkswagon Insurance Co., 343 So.2d 918 (Fla. 3d DCA 1977). Certiorari is granted. The order of dismissal is quashed and the cause is remanded for further proceedings. NOTES [1] Respondent has confessed error.