Florida District Courts of Appeal, 1998

Zupan v. Nationwide Mutual Fire Insurance

Zupan v. Nationwide Mutual Fire Insurance
Florida District Courts of Appeal · Decided March 11, 1998 · Glickstein, Shahood, Stevenson
710 So. 2d 594; 1998 Fla. App. LEXIS 2266; 1998 WL 113548 (Southern Reporter, Second Series)

Zupan v. Nationwide Mutual Fire Insurance

Opinion of the Court

PER CURIAM.

This is an appeal from a summary final judgment in favor of appellant’s uninsured motorist insurer. We reverse and remand.

A written rejection of uninsured motorist (UM) coverage, or selection of UM coverage limits lower than bodily injury limits is to be made on a form approved by the Insurance Commissioner; and if signed by the insured it will be conclusively presumed that there was an informed, knowing rejection of coverage, or election of lower limits. § 627.727(1) (Supp. 1992). It follows that if the form does not indicate, at the time it is signed, whether the insured is rejecting coverage or whether the insured is selecting lower limits, the presumption cannot apply.

Here, there is a dispute as to whether, at the time they were signed by the insured, the forms were sufficiently completed to indicate whether the insured was rejecting coverage or selecting lower limits. Because the record revealed a disputed issue of material fact, summary judgment was inappropriate.

GLICKSTEIN, STEVENSON and SHAHOOD, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.