Wife May Reject Florida UM Coverage as Agent of Husband - Progressive American Insurance Co. v. Grossi
Under Florida law, an automobile insurance company that provides liability coverage must also provide uninsured motorist coverage, unless the insured rejects the uninsured motorist coverage in writing. Section 627.727, Florida Statutes. Uninsured motorist coverage is insurance that covers damages caused by a driver who does not have insurance. For purposes of uninsured motorist coverage, Section 627.727 defines "uninsured vehicle" to include a vehicle with policy limits that are less than the total damages, after the liability insurer has provided the bodily injury policy limits. Thus, uninsured motorist coverage applies in situations when the at-fault vehicle was either uninsured or underinsured.
The Fifth District recently addressed the issue of whether uninsured motorist coverage can be rejected by the spouse of the named insured in Progressive American Insurance Company v. Grossi. In this recent case, the husband was the named insured on an insurance policy. His wife was an additional insured under the policy. The policy had been in place for approximately three years. During that period, the wife had made numerous changes to the policy that resulted in reduced premiums. The insurer sent a policy declaration showing the changes to the husband after each change. Among the changes made by the wife was a rejection of uninsured motorist coverage.
Because of the rejection of coverage, the insurer denied uninsured motorist coverage after an automobile accident. The Fifth District's per curiam opinion does not provide a lot of factual or procedural history, but it does note that the trial court had granted a final summary judgment in favor of the insureds. The insurer appealed the order for summary judgment.