MARY FRANCES BYRON, THOMAS C. BYRON, AND JOHN BYRON, A MINOR, APPELLANTS,
v.
THE TRAVELERS INDEMNITY COMPANY OF ILLINOIS, JAMES F. ROBERTS AND MICHAEL S. HUNT, APPELLEES
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The court affirmed that uninsured motorist insurance coverage was validly rejected where the named insured made a knowing decision to reject coverage and directed the insurance agent to execute the required written rejection form.
Uninsured motorist insurance coverage is validly rejected when the named insured knowingly decides to reject coverage and directs the insurance agent to execute the required written rejection form, even though the agent performs the ministerial act of filling out and signing the form.
[1] Uninsured motorist coverage rejection complies with statutory requirements when the named insured makes a knowing decision to reject coverage and directs the insurance ag…
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Join FLexlaw to unlock all legal intelligence“the corporate insured's authorized representative did make the actual decision to reject the uninsured motorist coverage after having the issue explained to him and then directed the insurance agent to execute all the necessary forms to implement his decision”
Court's explanation of why the rejection was valid in this case, distinguishing it from Quirk
The Byrons held an insurance policy with Travelers Indemnity Company of Illinois. A dispute arose regarding whether uninsured motorist coverage had be…
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DANAHY, Judge.
This case presents the question whether uninsured motorist insurance coverage is validly rejected if the insurance agent performs the scrivener’s duty of filling out and signing the insured’s name to the written form required by section 627.727, Florida Statutes (1988), as long as the act of filling out and signing the form is done at the specific direction of the named insured who has himself already knowingly rejected such coverage. We find that in this precise circumstance the rejection has been validly given, and we affirm the summary judgment in favor of the appellee. Although the appellant relies heavily on Quirk v. Anthony, 563 So. 2d 710 (Fla. 2d DCA 1990), aff'd sub nom. Travelers Ins. Co. v. Quirk, 583 So. 2d 1026 (Fla.1991), we find it distinguishable in that in Quirk the named insured’s authorized corporate representatives denied that they had made any decision to reject the uninsured motorist coverage or had even discussed uninsured motorist coverage with the insurance broker. On the contrary in the instant case, the corporate insured’s authorized representative did make the actual decision to reject the uninsured motorist coverage after having the issue explained to him and then directed the insurance agent to execute all the necessary forms to implement his decision.
Affirmed.
LEHAN, C.J., and BLUE, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Teachers Ins. Co. v. Bollman, 617 So. 2d 817 (Fla. 2d DCA 1993)…an’s communication not only rejected “the coverage in writing,” within the meaning of section 627.727(1), Florida Statutes (1991), but also manifested a knowing rejection of stacked coverage. See Bryon v. The Travelers Indemnity Company of Illinois, 601 So. 2d 1330 (Fla. 2d DCA 1992); Adams v. Aetna Casualty & Surety Company, 574 So. 2d 1142 (Fla. 1st DCA 1991); Chmieloski v. National Union Fire Insurance Company of Pittsburgh, Pennsylvania, 563 So. 2d 164 (Fla. 2d DCA 1990). The fact that Mrs. Bollman’s writt…
Authorities Cited
- Travelers Ins. Co. v. Quirk, 583 So. 2d 1026 (Fla. 1991)
- Quirk v. Anthony, 563 So. 2d 710 (Fla. 2d DCA 1990)
- Gustav Thorarinsson v. Robert F. Wilson, Inc., 563 So. 2d 710 (Fla. 1st DCA 1990)