Under Florida law, when someone makes a choice to have an uninsured motorist coverage (UM) in its policy, specifically worded form must be signed. The insured also has the right to accept or reject the uninsured motorist coverage stacking. The effect of stacking of such coverage would be twice the coverage effective, for example, if two cars in politics. The question of whether coverage has been validly rejected often occurs when the insured is involved in an accident, long after the insurance papers have been executed. The insured, at this point, is seeking additional coverage on their policy of defiance and if the rejection of such coverage had been validly executed. A Florida District Court of Appeals recently considered the question of whether someone who is not the insured in an auto policy, had the ability to make a rejection of the union of such coverage.

The case, which was filed with the court, involved a husband and wife. She became the "named insured" in politics and the husband appears as an "additional insured". At the time that the implementation of the policy was terminated was made by the husband. Rejected stacked UM coverage which effectively quadrupled its coverage due to four cars are in politics. Of course, years later they were in a serious accident and challenged the rejection of stacked coverage for the husband, who appears only as an insured additional policy.

They lost. The Court considered the well established case law in Florida on this subject and has recently published a written opinion. Under the principles of the Agency Law, the woman made it clear to her husband's apparent authority to obtain insurance coverage and waive stacked. The signing officer of an insured in an insurance application requires the insured to the coverage selected. The insurance agent could be a spouse or even an intermediary. In this regard, there is case law that says that the insured is required, even when his agent asked the wrong insurance coverage. The risk of such error is with the assurance that allowed the agent to act on their behalf.

It is not my intention, nor was I allowed to give legal advice on any issue specific coverage. However, this case raises a question that is commonly encountered and consumers need to consider specifically when they allow someone to act on his behalf for insurance contracts.

Attorney James W. Dodson is a Clearwater, Florida personal injury trial lawyer with over 20 years experience representing clients in all types of injury claims including vehicle accidents, fall cases and wrongful death. He is the author of three books offered FREE to consumers as a guide to dealing with accidents and insurance. Visit his website at JWDodsonLaw.com for FREE copies of these books, other articles, videos, news and commentary.

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