Consumer Rights Upheld in Uninsured Motorist Case
Florida's First District Court of Appeals recently issued a stinging opinion criticizing Travelers Insurance Companies efforts to limit the right of recovery to injured persons otherwise insured under Uninsured Motorists Polices. Essentially, the Court held that Travelers denial of coverage to an insured who did not expressly waive the right to "stacked" Uninsured Motorists coverages is entitled to coverage, even if another insured waived the coverages. The Court expressly relied on the Uninsured Motorists Statute and its history of amendments which supports the right of each insured to decide whether to have "stacked" Uninsured Motorists Insurance Coverages. "Stacked" coverage allows coverage on all vehicles in a household while "non stacked" coverage eliminates or restricts contractual benefits in certain circumstances.
The opinion is here http://opinions.1dca.org/written/opinions2012/05-10-2012/11-0015.pdf