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Legal Memorandum: Uninsured/Underinsured Motorist Coverage in FL

Issue: Whether there are repercussions for an insurer who fails to comply with Florida Statutes  627.727 by providing uninsured/underinsured motorist coverage equal to bodily injury liability limits and did not obtain a valid, written objection to such coverage.

Area of Law: Insurance Law
Keywords: Insurer's obigation; Uninsured/underinsured motorist coverage; Bodily injury liability limits
Jurisdiction: Florida
Cited Cases: 517 So.2d 686; 696 So. 2d 1305; 397 So. 2d 358
Cited Statutes: Fla. Stat. § 627.727;
Date: 07/01/2010

Florida law is clear and settled that when the insurer fails to comply with Florida Statutes § 627.727 by providing uninsured or underinusred motorist (UM) coverage equal to bodily injury liability limits, and does not obtain a valid, written objection to such coverage, judgment must enter in favor of the insured in the amount equal to the bodily injury limits.  Ferreiro v. Philadelphia Indem. Ins. Co., 816 So. 2d 140 (Fla. 3d DCA 2002) (holding, “based simply upon the clear requirements of the statute,” that the insurer was required to provide UM coverage); Creighton v. State Farm Mut. Auto. Ins. Co., 696 So. 2d 1305 (Fla. 2d DCA 1997) (remanding with instructions to enter judgment in favor of insured who had not rejected UM coverage equal to bodily injury limits); Fla. Ins. Guar. Ass’n, Inc. v. Coleman, 501 So. 2d 32 (Fla. 2d DCA 1986) (holding that given there was no informed rejection of UM coverage in higher amounts, the UM coverage would be increased to the limits of the liability coverage); approved, 517 So.2d 686 (Fla. 1988); Travelers Ins. Co. v. Spencer, 397 So. 2d 358 (Fla. 1st DCA 1981) (in declaratory action, affirming summary judgment against insurer determining that the insured had UM coverage in amount equal to bodily injury liability coverage); Aetna Cas. & Sur. Co. v. Fulton, 362 So. 2d 364 (Fla. 4th DCA 1978) (affirming declaratory judgment entered in favor of insured in amount […]

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