Young v. Progressive Southeastern Ins. Co.

Summary

The Supreme Court of Florida held that an uninsured/underinsured motorist policy provision excluding vehicles owned or operated by self-insurers is invalid under Florida's uninsured motorist statutory scheme and public policy. The court concluded that a self-insured motorist must be treated as statutorily uninsured when the tortfeasor's available resources do not make the injured party whole. The court quashed the lower court's decision, disapproved conflicting precedent, and answered the certified question in the negative.

Holdings

1. A self-insured motorist is not statutorily underinsured under sections 627.727(3) and (6) because those provisions refer to a tortfeasor with a liability insurer, and a self-insurer is not a liability insurer under the Florida Insurance Code.
2. A motorist who is self-insured must be deemed statutorily uninsured for purposes of Florida's uninsured motorist statute.
3. A policy provision excluding vehicles owned or operated by a self-insurer from uninsured/underinsured motorist coverage is contrary to Florida's uninsured motorist statutory scheme and public policy and is void.

Questions Presented

1. Whether Florida's uninsured motorist statute permits an insurance policy to exclude coverage when the insured is injured by a self-insured motorist.
2. Whether a self-insured motorist whose available liability protection is less than the injured party's damages is statutorily uninsured or underinsured.
3. Whether a policy provision excluding self-insured motorists from uninsured/underinsured motorist coverage is void as contrary to Florida public policy.

Disposition

quashed