Mitleider v. Brier Grieves Agency, Inc.

Summary

The Florida Fourth District Court of Appeal held that a signed rejection of uninsured motorist coverage creates a conclusive presumption of an informed and knowing rejection under section 627.727(9), Florida Statutes (2007). The presumption barred the plaintiff's negligence and related claims against the insurance agency and agent for allegedly failing to offer or explain uninsured motorist coverage, and the court affirmed dismissal.

Holdings

1. Under section 627.727(9), Florida Statutes (2007), signing the prescribed form rejecting uninsured motorist coverage creates a conclusive presumption that the rejection was an informed and knowing acceptance of the limitation.
2. The conclusive presumption applies not only to coverage claims against the insurer but also to claims against the insurance agency and its agent arising from the alleged failure to offer or explain uninsured motorist coverage.
3. The trial court properly dismissed the complaint for failure to state a cause of action.

Questions Presented

1. Whether signing a form rejecting uninsured motorist coverage creates a conclusive presumption that the rejection was informed and knowing under section 627.727(9), Florida Statutes (2007).
2. Whether that conclusive presumption applies to negligence and related claims against an insurance agency and its agent for allegedly failing to offer or explain uninsured motorist coverage.
3. Whether the trial court properly dismissed the complaint for failure to state a cause of action.

Disposition

affirmed