Wolf v. Progressive American Insurance Company, Case No. 1D09-4372 (Fla. App. 3/31/2010)

• Decision Date: 31 March 2010
• Docket Number: Case No. 1D09-4372.
• Parties: THOMAS A. WOLF, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JERRY G. BECKMEYER, JR., DECEASED, Appellant, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, a Florida Corporation, Appellee.
• Court: Florida District Court of Appeals

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THOMAS A. WOLF, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JERRY G. BECKMEYER, JR., DECEASED, Appellant,
v.
PROGRESSIVE AMERICAN INSURANCE COMPANY, a Florida Corporation, Appellee. Case No. 1D09-4372. District Court of Appeal of Florida, First District. Opinion filed March 31, 2010.

An appeal from the Circuit Court for Duval County, Charles O. Mitchell, Jr., Judge.

John E. Spiller of John E. Spiller, P.A., Kissimmee, and John S. Kalil of Law Offices of John S. Kalil, P.A., Jacksonville, for Appellant.

Jeffrey E. Bigman and Melissa E. Morgan of Smith Hood Perkins, Daytona Beach, for Appellee.

MARSTILLER, J.

This is an appeal from a final summary judgment finding that Jerry G. Beckmeyer, Jr., was not entitled to uninsured motorist ("UM") benefits under his

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automobile insurance policy in force when he was killed in a motorcycle accident by an uninsured driver. At issue is whether section 627.727(1), Florida Statutes (2006), required Progressive American Insurance Company ("Progressive") to include information about UM coverage options in Mr. Beckmeyer's six-month policy renewal notice. We review the trial court's grant of summary judgment de novo, see, e.g., Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126, 130 (Fla. 2000), O'Brien v. State Farm Fire & Cas. Co., 999 So. 2d 1081, 1082 (Fla. 1st DCA 2009), and find the court correctly interpreted the plain language of the statute to require only annual notice of UM coverage options.

Under section 627.727(1), vehicle liability insurance policies must include UM coverage unless the named insured rejects such coverage in writing. The statute also provides, in pertinent part:

Unless an insured . . . requests such coverage or requests higher uninsured motorist limits in writing, the coverage or such higher uninsured motorist limits need not be provided in or supplemental to any other policy which renews, extends, changes, supersedes, or replaces an existing policy with the same bodily injury liability limits when an insured . . . had rejected the coverage . . . . The insurer shall notify the named insured at least annually of her or his options as to the coverage required by this section. Such notice shall be part of, and attached to, the notice of premium, shall provide for a means to allow the insured to request such coverage, and shall be given in a manner approved by the office.

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§ 627.727(1), Fla. Stat. (2006) (emphasis added). If an insurer fails...