ALLSTATE INSURANCE COMPANY, A CORPORATION, AND TRANSAMERICA INSURANCE COMPANY, A CORPORATION, APPELLANTS,
v.
BONNIE SINGLETARY, APPELLEE
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The court held that the plaintiff waived her right to arbitration by filing a lawsuit before attempting to arbitrate the matter.
Bonnie Singletary, injured in an accident while a passenger, sued Transamerica Insurance Company for uninsured motorist benefits. After initiating dis…
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SCHEB, Judge.
Transamerica Insurance Company appeals a nonfinal order compelling arbitration of damages Bonnie Singletary sustained in an automobile accident. We reverse.
Singletary was injured while riding as a passenger in a car owned by Elizabeth Phillips, who was insured by Transamerica. Because of a dispute as to the amount of damages, Singletary filed suit to recover uninsured motorist benefits under the Transamerica policy. After Transamerica filed an answer and initiated discovery, Sin-gletary obtained a copy of the Trans-america policy and filed a motion to compel arbitration pursuant to its terms. The trial court granted the motion, and this timely appeal followed.
Transamerica contends that Singletary waived her right to arbitration when she filed a lawsuit without first making an effort to arbitrate the matter with Trans-america. We agree. See Merrill Lynch, Pierce, Fenner & Smith v. Westwind Transp., Inc., 442 So. 2d 414, 417 (Fla. 2d DCA 1983). Despite the fact that Single-tary was not a party or named insured under the policy, we note that she could have obtained a copy of the policy pursuant to section 627.7264, Florida Statutes (1987). Therefore, Singletary should have known of her right to arbitrate the matter. See Winter v. Arvida Corp., 404 So. 2d 829 (Fla. 3d DCA 1981).
CAMPBELL, C.J., and HALL, J., concur.
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Ignacia Figueroa v. U.S. Sec. Ins. Co., 664 So. 2d 1130 (Fla. 3d DCA 1995)…policy, and insureds agreed to give sworn statements after receiving a copy of the policy which set forth the obligation to give a sworn statement. See Crown Life Ins. Co. v. McBride, 517 So. 2d 660, 661 (Fla.1987); Allstate Ins. Co. v. Singletary, 540 So. 2d 938 (Fla. 2d DCA 1989); § 627.4137, Fla.Stat. [*1131] (1993). Cf Goldman v. State Farm Fire Gen. Ins. Co., 660 So. 2d 300, 305 (Fla. 4th DCA 1995) (compliance two years after loss “satisfies neither the spirit nor intent of the policy conditions at issu…
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United Auto. Ins. Co. v. Rousseau, 682 So. 2d 1229 (Fla. 4th DCA 1996)…t the insurer failed to comply with subsection 627.4137(l)(e), Florida Statutes (1993), which mandates that an insurer “shall provide” a copy of the policy “within 30 days of the written request of the claimant.” Cf. Allstate Ins. Co. v. Singletary, 540 So. 2d 938 (Fla. 2d DCA 1989). [*1230] Under these circumstances, the trial court did not err in refusing to grant a directed verdict for UAIC on its affirmative defense of plaintiffs failure to comply -with conditions precedent. See Figueroa v. U.S. Sec. Ins.…
Authorities Cited
- Winter v. Arvida Corp., 404 So. 2d 829 (Fla. 3d DCA 1981)
- Merrill Lynch v. Westwind Transp., Inc., 442 So. 2d 414 (Fla. 2d DCA 1983)