SHERI JACKSON SALLADE AND DENNIS SALLADE, APPELLANTS,
v.
COLONIAL INSURANCE COMPANY OF CALIFORNIA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Appellants sought declaratory judgment that their personal injury protection (PIP) auto insurance policy must include uninsured motorist coverage under Florida's uninsured motorist statute. The court affirmed summary judgment for the insurer, holding that the uninsured motorist statute applies only to liability insurance policies, not PIP policies.
The uninsured motorist statute does not apply to PIP policies. By the plain meaning of Section 627.727, uninsured motorist coverage need only be offered with liability insurance, and PIP insurance is not liability insurance.
[1] The uninsured motorist statute does not apply to personal injury protection (PIP) auto insurance policies.
[2] Uninsured motorist coverage is not required to be offered with PIP policies under section 627.727, Florida Statutes (1983).
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the "uninsured motorist statute", Section 627.727, Florida Statutes (1983), does not apply to personal injury protection auto insurance policies”
The court's holding that the uninsured motorist statute does not extend to PIP policies.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn July 1983, Colonial Insurance sold Sheri Jackson a basic PIP auto insurance policy, and she signed a rejection of uninsured motorist coverage. In O…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Legislative Intent Interpretation cases and more on FLexlaw
SHIVERS, Judge.
Appellants, plaintiffs in the proceedings below, appeal from a final summary judgment in their suit for declaratory judgment and damages.
We affirm the judgment below, and hold that the “uninsured motorist statute”, Section 627.727, Florida Statutes (1983), does not apply to personal injury protection auto insurance policies.
In July, 1983, appellee, Colonial Insurance Co. sold appellant Sheri Jackson a “basic personal injury protection” (PIP) auto insurance policy. In buying said policy, appellant signed a “rejection of uninsured motorist coverage” and no discussion was had in reference thereto.
In October 1983 (subsequent to his marriage to Sheri Jackson), appellant Dennis Sallade was seriously injured in an auto accident resulting from the negligence of another driver who only had minimal ($10,-000.00) liability insurance coverage. When Mr. Sallade, as an insured under his wife’s PIP policy, submitted a claim thereunder, appellees denied the claim.
Subsequently, in March 1984, appellants filed the instant suit wherein they sought a judgment that the subject policy afforded them uninsured motorist coverage pursuant to section 627.727, Florida Statutes (1983).
After both sides moved for summary judgment, the Circuit Court entered final summary judgment for appellee Colonial in August 1984. This appeal followed.
Section 627.727, Florida Statutes, requires that uninsured motorist coverage be offered to anyone who' purchases automobile liability insurance. Wiener v. Avis Rent A Car, 318 So. 2d 565 (Fla. 4th DCA 1975).
Notwithstanding the plain meaning of its language, appellants argue that section 627.727 should now apply to PIP policies as well. Appellants point out that in 1961, when section 627.727 (originally numbered section 627.0851) was enacted, liability coverage was mandatory in Florida. In 1971, the Legislature passed the “Florida Automobile Reparations Reform Act” (now known as the “Florida Motor Vehicle No-Fault Law,” sections 627.730-627.7405, Florida Statutes (1983)), in which PIP, in surance of a “no-fault” variety, replaced liability insurance as the mandatory coverage. Appellants therefore contend that in order to fully effect legislative intent, uninsured motorist coverage should be offered with all PIP policies.
We disagree. The Legislature has had fourteen years to amend the language of section 627.727 if it had so desired. PIP insurance is not liability insurance. By the plain meaning of section 627.-727, Florida Statutes (1983), uninsured motorist coverage need not be offered with PIP policies. See also Wiener, supra.
Appellants’ other point on appeal, whether a rejection of uninsured motorist coverage must be knowingly made, becomes moot.
Accordingly, the judgment of the lower court is AFFIRMED.
BOOTH and ZEHMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Progressive Am. Ins. Co. v. Rural/Metro Corp. OF Fla., 994 So. 2d 1202 (Fla. 5th DCA 2008)…listed in section 627.4137 as well as a PIP log. However, the statute is limited to an insurer who “does or may provide liability insurance coverage.” Under Florida law, PIP insurance is not liability insurance. Sallade v. Colonial Ins. Co. of Cal., 465 So. 2d 1307, 1309 (Fla. 1st DCA 1985). In fact, a driver in Florida is required to carry PIP insurance, but not necessarily liability insurance. Id. Thus, the two are plainly different types of coverage and are not interchangeable terms. The Legislature is pres…
-
Dairyland Ins. Co. v. Kriz, 495 So. 2d 892 (Fla. 1st DCA 1986)…nsured motorist coverage to her under its policy with her son. The fact that she was covered under the PIP provision is irrelevant to the issue of her entitlement to uninsured motorist benefits. Salladeii v. Colonial Insurance Company of California, 465 So. 2d 1307 (Fla. 1st DCA 1985). The judgment awarding uninsured motorist benefits is REVERSED. ERVIN and WIGGINTON, JJ., concur.…
Authorities Cited
- Wiener v. AVIS Rent A CAR & I. T. T. Hamilton Life Ins. Co., 318 So. 2d 565 (Fla. 4th DCA 1975)