Zupan v. Nationwide Mutual Fire Insurance

Florida District Courts of Appeal
Zupan v. Nationwide Mutual Fire Insurance, 710 So. 2d 594 (1998)
1998 Fla. App. LEXIS 2266; 1998 WL 113548
Glickstein, Shahood, Stevenson

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.

Reference

Full Case Name
Mark ZUPAN v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY Nationwide Property and Casualty Insurance Company and Dirty Moe's Oyster Boat, Inc.
Cited By
2 cases
Status
Published