THOMAS W. MCKAY, APPELLANT,

v.

BELCHER YACHT, INC., A FLORIDA CORPORATION, AND EDWIN N. BELCHER, III, APPELLEES

Citator

Cited By

• Noaker v. Canadian Universal Ins. Co. & Great Sw. Fire & Cas. Ins. Co., 468 So. 2d 330 (Fla. 2d DCA 1985)
  …emnity Co. v. Spaulding, 442 So. 2d 206 (Fla.1983), an effective rejection of additional uninsured motorist coverage generally requires that the insured be aware of the availability of higher coverage limits. See also Tarlton v. Dixie Insurance Co., 450 So. 2d 300 (Fla. 2d DCA 1984). However, an insurance broker, as agent for the insured, is authorized to reject the additional uninsured motorist coverage. Acquesta v. Industrial Fire and Casualty Co., 467 So. 2d 284 (Fla.1985). The insured is bound by the rep…
• Hartford Ins. Co. OF the Se. v. Pearson, 495 So. 2d 1190 (Fla. 4th DCA 1986)
  …surance Co. v. Spencer, 397 So. 2d 358 (Fla. 1st DCA 1981). To meet this requirement the insured must be made aware of his options, including the availability of UM coverage in an amount equal to his liability limits. Tarlton v. Dixie Insurance Co., 450 So. 2d 300 (Fla. 2d DCA 1984); Lane v. Waste Management, Inc., 432, So. 2d 70 (Fla. 4th DCA), rev. denied, 441 So. 2d 633 (Fla.1983). Whether an insured has made an effective rejection under the above-cited authority is a fact question in which the insurer has…
• Banack v. Fla. Ins. Guar. Ass'n Inc., 467 So. 2d 842 (Fla. 4th DCA 1985)
  …t knowledge of the available coverage is all that an insurer must show. In Spaulding, the court also reaffirmed that whether there was knowledge was for the trier of fact. This decision was followed in the recent Tarlton v. Dixie Insurance Company, 450 So. 2d 300 (Fla. 2d DCA 1984), which is closest factually to the current case, because it involved an excess coverage policy. The insured in Tarlton had carried a low uninsured motorist limit in connection with her liability policy, and had no uninsured motori…

Authorities Cited

• AMC/Jeep OF Vero Beach, Inc. v. Funston, 403 So. 2d 602 (Fla. 4th DCA 1981)
• Fla. Sunshine Coast Dev. Co., Inc. v. McCLUNG, 352 So. 2d 154 (Fla. 2d DCA 1977)