The Florida Supreme Court released its much anticipated decision in the case of Travelers Commercial Insurance Co. v. Harrington, SC12-1257.
As discussed in last Fall’s edition of the KD Quarterly, the Florida Supreme Court granted review of the First District’s controversial decision in this case, in which the First District affirmed a summary judgment of UM coverage, holding that the family vehicle exclusion in the UM policy was invalid and that the non-stacking election by the named insured did not apply to the named insured’s daughter. In the supreme court proceedings, Travelers urged reversal and called on the Court to enforce the validity of UM Rejection/Selection forms signed by the named insured.
In its decision, the Florida Supreme Court agreed and unanimously reversed the First District’s decision. In its opinion, the supreme court held that the family vehicle exclusion in the UM policy was valid and enforceable, and it further held that if a named insured rejects stacking UM coverage, the rejection applies on behalf of all insureds under the policy. Needless to say, this much anticipated decision was well worth the wait!
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