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JOHN SOLIDAY AND BARBARA SOLIDAY, HIS WIFE, PETITIONERS, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., A FOREIGN CORP., RESPONDENT.

PER CURIAM.

A person with underinsured motorist coverage is not obligated to first bring an action against the tort-feasor before resolving a claim against his own carrier. 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).

Respondent has confessed error.

Certiorari is granted. The order of dismissal is quashed and the cause is remanded for further proceedings.

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SOLIDAY v. STATE FARM MUT. AUTO. INS
(Nov 12, 1986)