INTERAMERICAN CAR RENTAL, INC., APPELLANT,
v.
SAFEWAY INSURANCE COMPANY, APPELLEE
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Interamerican Car Rental appeals a summary judgment declaring its lessee's insurance primary for a leased vehicle. The court holds that Interamerican's rental agreement provision, printed in bold capital letters, fully complies with Florida Statute 627.7263 and properly makes the lessee's insurer primary, reversing the trial court's judgment.
The rental agreement provision fully complies with Section 627.7263 because it clearly states in bold type that the lessee is contracting that his/her insurance carrier will be the primary liability insurance carrier on the rented automobile, consistent with Florida precedent requiring such a provision.
[1] A rental contract provision stating that the lessee's insurance is primary complies with Florida Statute 627.7263 when it clearly informs the lessee in bold type that the…
[2] Florida courts have held that a rental agreement provision clearly stating in bold type that the lessee's insurance is primary satisfies the requirements of Florida Statu…
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Join FLexlaw to unlock all legal intelligence“IN ACCORDANCE WITH THE EXCEPTION TO FLORIDA STATUTE 627.7263 YOU ARE HEREBY NOTIFIED THAT THIS RENTAL AGREEMENT PROVIDES THAT THE VALID AND COLLECTIBLE LIABILITY AND PERSONAL INJURY INSURANCE OF THE RENTER, OR ANY OTHER PERSON OPERATING THIS MOTOR VEHICLE WITH THE RENTER'S CONSENT SHALL BE PRIMARY.”
The rental agreement provision at issue that the court found complied with the statute
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Join FLexlaw to unlock all legal intelligenceSafeway Insurance Company, as insurer of an automobile lessee, brought a declaratory judgment action against Interamerican Car Rental regarding insura…
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PER CURIAM.
This is an appeal by the defendant Inter-american Car Rental, Inc. from an adverse summary final judgment entered in a declaratory judgment action brought by the plaintiff Safeway Insurance Company as the insurer of a lessee of an automobile leased from the defendant. At issue is whether a provision in the rental contract between the lessee and the defendant adequately complied with Section 627.7263, Florida Statutes (1989),1 so as to make the lessee’s insurer the primary insurer of the leased automobile. The subject lease provision, which is printed in bold capital letters, states:
“IN ACCORDANCE WITH THE EXCEPTION TO FLORIDA STATUTE 627.7263 YOU ARE HEREBY NOTIFIED THAT THIS RENTAL AGREEMENT PROVIDES THAT THE VALID AND COLLECTIBLE LIABILITY AND PERSONAL INJURY INSURANCE OF THE RENTER, OR ANY OTHER PERSON OPERATING THIS MOTOR VEHICLE WITH THE RENTER’S CONSENT SHALL BE PRIMARY. RENTER IS CONTRACTING THAT THEIR INSURANCE IS TO BE PRIMARY IN ACCORDANCE WITH SAID STATUTE AND IN ACCORDANCE WITH THE LIMITS OF LIABILITY AS REQUIRED BY FLORIDA STATUTE 324.021(7).”
We conclude that this provision fully complies with Section 627.7263 because (a) it clearly states in bold type that the lessee is contracting that his/her insurance carrier will be the primary liability insurance carrier on the rented automobile, and (b) Florida courts have held that such a provision fully complies with the statute. State Farm Mut. Auto. Ins. Co. v. Lindo’s Rent-A-Car, Inc., 588 So. 2d 36 (Fla. 5th DCA 1991); International Bankers Ins. Co. v. Snappy Car Rental, 553 So. 2d 740 (Fla. 5th DCA 1989); Guemes v. Biscayne Auto Rentals, Inc., 414 So. 2d 216, 218 (Fla. 3d DCA 1982). The final declaratory judgment under review is therefore reversed, and the cause is remanded to the trial court with directions to enter a declaratory judgment in accord with the views expressed in this opinion.
Reversed and remanded.
. "(1) The valid and collectible liability insurance or personal injury protection insurance providing coverage for the Lessor of a motor vehicle for rent or lease shall be primary unless otherwise stated in bold type on the face of the rental or lease agreement. Such insurance shall be primary for the limits of liability and personal injury protection coverage as required by § 324.021(7) and § 627.-736.
(2) Each rental or lease agreement between the Lessee and the Lessor shall contain a provision on the face of the agreement, stated in bold type, informing the Lessee of the provisions of subsection (1) and shall provide a space for the name of the Lessee’s insurance company if the Lessor’s insurance is not to be primary."
§ 627.7263, Fla.Stat. (1989).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Allstate Ins. Co. v. RJT Enters., Inc., 692 So. 2d 142 (Fla. 1997)…urance secondary.” McCue v. Diversified Servs., Inc., 622 So. 2d 1372, 1374 (Fla. 4th DCA 1993). Compliance with the statute makes the lessee’s insurer the primary insurer of the leased automobile. Interamerican Car Rental, Inc. v. Safeway Ins. Co., 615 So. 2d 244 (Fla. 3d DCA 1993). Therefore, despite the fact that Allstate’s insurance policy purports to exclude coverage for the lessor-owner of the automobile, the execution of the rental contract which met the requirements of the statute had the effect of m…
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Miami Stage Lighting, Inc. v. Budget Rent-A-Car Sys., Inc., 712 So. 2d 1135 (Fla. 3d DCA 1998)…provisions of subsection (1)....” Contrary to Budget’s argument, Allstate Ins. Co. v. Reliance Ins. Co., 679 So. 2d 822 (Fla. 3d DCA 1996), quashed on other grounds, 692 So. 2d 891 (Fla.1997), and Interamerican Car Rental, Inc. v. Safeway Ins. Co., 615 So. 2d 244 (Fla. 3d DCA 1993), do not require affirmance. The clause approved by this court in Allstate , placed the lessee on notice that the duty to provide insurance was governed by statute. That clause read: “This rental agreement requires the valid and co…
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Gov't Emps. Ins. Co. v. Ford Motor Credit Co. & Cigna Prop. & Cas. Ins. Co., 616 So. 2d 1186 (Fla. 4th DCA 1993)…of the fifth district that the notice is sufficient so long as the lessee is “informed by bold type notice that the lessee’s insurance is to be primary.” Id., 741. Lessor’s insurer also relies on Interamerican Car Rental, Inc. v. Safeway Ins. Co., 615 So. 2d 244 (Fla. 3d DCA 1993), in which the third district stated that these notices comply so long as they communicate in bold type that the lessee is contracting for lessee’s insurer to be primary carrier. We do not think that satisfies the clear requirement…1 / 2
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Guemes v. Biscayne Auto Rentals, Inc., 414 So. 2d 216 (Fla. 3d DCA 1982)
- Int'l Bankers Ins. Co. v. Snappy CAR Rental, 553 So. 2d 740 (Fla. 5th DCA 1989)
- State Farm Mut. Auto. Ins. Co. v. Lindo's Rent-A-Car, Inc., 588 So. 2d 36 (Fla. 5th DCA 1991)