JOHN J. VASQUEZ, PETITIONER,
v.
BANKERS INSURANCE COMPANY, RESPONDENT

Fla. | 1987-02-05
No. 68530
McDonald, c.j., overton, EHRLICH, SHAW and BARKETT, JJ., and ADKINS, J. (Ret.), concur.
502 So. 2d 894 Florida Supreme Court (1987) Caution
Cited by 19 cases

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.

Synopsis

The Florida Supreme Court held that a second signature on an insurance application rejecting uninsured motorist coverage in bold, plain language conclusively demonstrates knowing rejection absent extraordinary circumstances. The court reversed a jury verdict finding the rejection was not knowing and informed, holding that the trial court should have granted a directed verdict for the insurer.


Holding

Yes. A signature on an unequivocal, unmistakable, and plainly worded rejection of uninsured motorist coverage conclusively establishes a knowing and voluntary rejection. An insured's failure to read and understand what she was signing does not constitute an extraordinary circumstance justifying jury determination of whether the rejection was knowing and voluntary absent evidence of fraud, deception, or coercion.


Headnotes

[1] A second signature on an insurance application, affixed below a paragraph rejecting uninsured motorist coverage written in bold print and plain language, conclusively dem…

[2] An insured's failure to read or understand an insurance form is not an extraordinary circumstance justifying submission to the jury the issue of whether their rejection o…

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Key Quotes

“Mrs. Moore's signing of this unequivocal, unmistakable and plainly worded paragraph clearly establishes a knowing and willing rejection of uninsured motorist coverage.”

Establishes that clear, plain-language signatures on rejection provisions are conclusive evidence of knowing rejection

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Facts & Procedural History

Beverly Moore and her son Timothy applied for motorcycle insurance. The application stated uninsured motorist coverage would be included unless expres…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This case is before the Court on petition for review of a district court of appeal decision. Because the district court certified that its decision passed upon a question of great public importance, we have jurisdiction to provide review. Art. V, § 3(b)(4), Fla. Const. The certified question is set forth as follows: Does a second signature on an insurance application affixed below a separate paragraph rejecting [uninsured motorist] coverage written in bold print and in plain and unambiguous language, conclusively demonstrate a knowing rejection absent extraordinary circumstances not deemed to be present in the case at bar?

Bankers Insurance Co. v. Vasquez, 483 So. 2d 440, 443 (Fla. 4th DCA 1985). We answer this question in the affirmative and approve the decision of the district court of appeal.

In this case Beverly Moore and her son, Timothy, applied for insurance when purchasing a motorcycle. The application papers stated that uninsured motorist coverage with specified limits of liability would be included in the policy at a stated premium unless an express rejection of such coverage was signed. The Moores signed a separate paragraph which specifically rejected uninsured motorist coverage in the following language:

Rejection of Uninsured Motorist (Family Protection)

The undersigned insured and the Bankers Insurance Company agree that in accordance with the provision of Florida Insurance Code, Section 627.727 part X of Chapter 627, which permits the insured named in the policy to reject the uninsured motorists (family protection) coverage, the undersigned insured does hereby reject such coverage, being the coverage provided for the protection of persons insured under this policy who would be legally entitled to recover damages from the owner or operator of an uninsured motor vehicle because of bodily injury, sickness or disease, including death resulting therefrom.

Subsequently, Timothy Moore was involved in an accident while carrying petitioner John J. Vasquez as a passenger. Vasquez filed suit against respondent, Bankers Insurance Company, seeking to recover uninsured motorist benefits pursuant to the insurance policy issued to the Moores. Bankers Insurance raised as one of its affirmative defenses that the Moores had rejected uninsured motorist coverage. At the trial, Mrs. Moore testified that she was not educated in insurance matters, that she thought she had full insurance coverage, and that she thought uninsured coverage meant no coverage. At the conclusion of petitioner’s case, Bankers Insurance moved for a directed verdict on the issue of uninsured motorist coverage. The trial court denied the motion and submitted the issue to the jury which returned a verdict finding that the Moores had not made an informed, knowing rejection of uninsured motorist coverage. Bankers Insurance filed post-trial motions for judgment notwithstanding the verdict and for new trial, both of which were denied.

Bankers Insurance appealed to the District Court of Appeal, Fourth District, which reversed concluding that the motion for a directed verdict should have been granted. The district court determined that previous Third District Court of Appeal decisions, Alejano v. Hartford Accident and Indemnity Co., 378 So. 2d 104 (Fla. 3d DCA 1979), and Lopez v. Midwest Mutual Ins. Co., 223 So. 2d 550 (Fla. 3d DCA 1969), held “that one who signs his name to an instrument rejecting uninsured motorist coverage cannot escape the consequences of his signature by alleging he did not understand or read the form, unless he shows facts indicating that he was prevented from reading it.” Bankers Insurance Co. v. Vasquez, 483 So. 2d at 440. However, the district court went on to state that since subsequent cases have created doubt on this issue, the issue was deemed to be of great public importance.

Petitioner relies on our decision in Kimbrell v. Great American Insurance Co., 420 So. 2d 1086, 1088 (Fla.1982), in which we stated that the “question of whether an insured has knowingly rejected uninsured motorist coverage ... is an issue to be decided by the trier of fact.” In that case the issue was whether the insurer offered uninsured motorist coverage in the same amount as the bodily injury liability coverage. There was no written rejection. The insurer’s motion for summary judgment on the ground that the insured had knowingly rejected greater coverage by selecting lower coverage was denied. The issue was submitted to a jury which found that the insured had knowingly selected uninsured motorist coverage for a lesser amount than the insured was required to make available. Since there was a dispute as to whether the insured knowingly rejected uninsured motorist coverage in the amount of liability coverage, we simply applied the fundamental concept that the resolution of disputes involving factual issues is in the province of the trier of fact. We did not intend to overrule the line of cases holding that a defendant’s motion for directed verdict should be granted when the evidence interpreted in the light most favorable to the plaintiff clearly establishes as a matter of law that the plaintiff is not entitled to relief. See, e.g., Atlantic Coast Line R. Co. v. Savary, 64 So. 2d 562 (Fla.1953).

In this case, there was no evidence supporting petitioner’s contention that the Moores did not knowingly and voluntarily reject uninsured motorist coverage. Here the insurer did everything possible to notify persons making application for motor vehicle insurance of the consequences of rejecting uninsured motorist coverage. The application, which is published in full in the district court’s opinion at 483 So. 2d 441-42, specifically provided in paragraph five that uninsured motorist coverage must be included unless a rejection is signed below. Below that, in paragraph eight, the above quoted language explained the consequences of rejecting uninsured motorist coverage. Mrs. Moore’s signing of this unequivocal, unmistakable and plainly worded paragraph clearly establishes a knowing and willing rejection of uninsured motorist coverage. Mrs. Moore’s failure to take the time to read and understand what she was signing is not an extraordinary circumstance justifying submission to the jury the issue of whether her rejection was knowing and voluntary. There was no evidence presented indicating that she was tricked or forced into signing this paragraph against her will. Absent any evidence establishing that the Moores did not knowingly and voluntarily sign the rejection form, the trial court erred in not granting the motion for directed verdict.

Hence we agree with the district court that Bankers Insurance Company’s motion for a directed verdict on the issue of uninsured motorist coverage should have been granted. We answer the certified question in the affirmative and approve the decision of the district court of appeal.

It is so ordered.

McDonald, c.j., overton, EHRLICH, SHAW and BARKETT, JJ., and ADKINS, J. (Ret.), concur.


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Citator

Cited By

  • Adams v. AETNA Cas. & Sur. Co., 574 So. 2d 1142 (Fla. 1st DCA 1991)
    …a. This added provision is not a mere technicality but a substantial statutory requirement designed to protect all insureds under the policy. Chmieloski v. National Union Fire Ins. Co., 563 So. 2d 164 (Fla. 2d DCA 1990); Vasquez v. Bankers Ins. Co., 502 So. 2d 894 (Fla.1987). The provisions of section 627.-727 reflect a “legislative intent to place a [*1147] heavy duty upon insurers to obtain a knowing rejection of statutorily provided for uninsured motorist limits and to reflect a public policy in Florida to…
  • Beckett v. Dep't OF Fin. Servs., 982 So. 2d 94 (Fla. 1st DCA 2008)
    …hether an insurance agent has violated her statutory duties and to the separate determination of whether an insured is bound by the contract she signs with the insurance company. Thomas, 559 So. 2d at 421 (distinguishing Vasquez v. Bankers Ins. Co., 502 So. 2d 894 (Fla.1987)). We agree with this position and further note that a recognition that an insurance agent stands in a fiduciary relationship to her customers should enter into an evaluation of whether the agent has carried out those duties. See Natelson…
  • Sayed Muhammed v. Allstate Ins. Co., 582 So. 2d 768 (Fla. 3d DCA 1991)
    …(Supp. 1984) does not preclude a carrier from otherwise demonstrating a knowing rejection of uninsured motorist coverage. On the undisputed facts presented, such a rejection was established below as a matter of law under Vasquez v. Bankers Ins. Co., 502 So. 2d 894 (Fla.1987). See also Rodriguez v. American United Ins. Co., 570 So. 2d 365 (Fla. 3d DCA 1990). The summary judgment entered below in favor of the carrier is therefore Affirmed.…

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