Jackson v. State Farm Fire and Cas. Co.
| Decision Date | 22 May 1985 |
| Docket Number | No. 84-78,84-78 |
| Parties | 10 Fla. L. Weekly 1315 Janean M. JACKSON, as personal Representative of the estate of Clinton W. Jackson, deceased and Janean M. Jackson, individually, Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, Appellee. |
| Court | Florida District Court of Appeals |
Joseph P. McNulty of McNulty, Moritz & Dickey, Largo, for appellant.
H. Shelton Philips of Kaleel & Kaleel, St. Petersburg, for appellee.
Plaintiff appeals from a summary judgment for the defendant insurance company in an action for uninsured motorist insurance benefits. We affirm.
In 1978 Mrs. Jackson on behalf of her husband applied to an agent of State Farm Fire and Casualty Company for insurance on two cars then covered by State Farm policies issued in Michigan. Mrs. Jackson signed the applications for liability coverage with $100,000/$300,000 limits and uninsured motorist coverage with $20,000/$40,000 limits on each of the two cars.
In 1979 Mr. Jackson applied for insurance coverage for a newly-acquired motorcycle. The motorcycle was added to one of the prior policies. The liability coverage limits for the motorcycle were $100,000/$300,000, but there was no provision for uninsured motorist coverage on the motorcycle.
Subsequently, Mr. Jackson was killed while riding the motorcycle when it collided with an under-insured motor vehicle. State Farm denied that there was uninsured (or under-insured) motorist coverage with respect to the motorcycle. Mrs. Jackson, individually and as personal representative of her husband's estate, filed a declaratory judgment action seeking a determination of the uninsured motorist coverage. She claimed that because there was no offer of uninsured motorist coverage by State Farm and no informed rejection thereof by Mr. Jackson, pursuant to section 627.727, Florida Statutes (1979), the court should declare that uninsured motorist coverage existed to the extent of the $100,000/$300,000 liability coverage.
State Farm moved for summary judgment, relying principally upon a written rejection of uninsured motorist coverage on the motorcycle signed by Mr. Jackson and on the deposition of the insurance agent's employee, Ms. Claxton, who had handled the Jackson's account. In her deposition, Ms. Claxton testified that she fully explained to Mr. Jackson his options under Florida law regarding uninsured motorist coverage. She stated that Mr. Jackson said he was only driving the motorcycle to and from work and wanted just the coverage he really had to have. Mr. Jackson signed the uninsured motorist rejection slip in Ms. Claxton's presence.
As part of her deposition testimony, Ms. Claxton recalled that Mrs. Jackson was also present when Mr. Jackson signed the rejection slip. However, Mrs. Jackson testified by deposition and affidavit that she was not present at that time. Mrs. Jackson's deposition also authenticated Mr. Jackson's signature on the slip.
The trial court granted State Farm's motion for summary judgment and entered final judgment for State Farm, finding that there was no genuine issue as to any material fact.
On appeal Mrs. Jackson argues that the discrepancy between her testimony and that of Ms. Claxton concerning Mrs. Jackson's presence when her husband signed the rejection slip creates an issue as to a material fact. We disagree. The...
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