Rejecting Uninsured Motorist Coverage and Stacking

Clearwater Accident Attorney - Rejecting Uninsured Motorist Coverage and Stacking

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Under Florida law, when person makes an choosing not to have uninsured motorist coverage (Um) on their policy, a specifically worded form must be signed. The insured also has the right to accept or reject stacked uninsured motorist coverage. The succeed of stacking such coverage would be to duplicate the sufficient coverage, for instance, if there were two cars on the policy. The question of either such coverage has been validly rejected often comes into question when the insured is complex in an accident, long after the guarnatee papers have been executed. The insured, at that point, is typically seeing for supplementary coverage on their policy and provocative either the rejection of such coverage had been validly executed. One of Florida's District Courts of request for retrial recently thought about the question of either someone, other than the named insured on an auto policy, had the capability to make a binding rejection of such coverage.

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The case, which came before the court, complex a husband and wife. The wife was made the "named insured" on the policy and the husband listed as an "additional insured". At the time that the policy application was completed it was done by the husband. He rejected stacked Um coverage which would have effectively quadrupled their coverage due to four cars being on the policy. Of course, years later they were in a serious urgency and challenged the rejection of stacked coverage by the husband who is only listed as an supplementary insured on the policy.

They lost. The Court discussed the well established case law in Florida on this branch and recently issued a written opinion. Under the theory of branch law, the wife clearly gave her husband the apparent authority to derive the guarnatee and waive the stacked coverage. The signature of an insured's agent on an guarnatee application binds the insured to the coverage selected. The insured's agent could be a spouse or even a broker. In that regard, there is case law which says that the insured is bound even if their broker applied for the wrong guarnatee coverage. The risk of such error lies with the insured who allowed the agent to act on their behalf.

It is not my intention, nor am I allowed, to give legal guidance concerning any definite coverage question. However, this case raises an issue which is ordinarily encountered and one that consumer's need to specifically reconsider when they allow person to act on their profit in arranging guarnatee coverage.

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