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Florida Supreme Court holds that insurer which issued collector vehicle insurance policy could not limit UM coverage to accidents involving occupancy of the collector vehicle without informed consent of the insured

On December 19, 2019, in American Southern Home Insurance Company v. Lentini, No. SC18-320, the Florida Supreme Court resolved a conflict between the Second and Fifth DCAs, ruling that an insurer which issued a collector vehicle insurance policy could not limit uninsured motorist (UM) coverage under the policy to accidents involving occupancy of the collector vehicle. The Florida Supreme Court determined that the requirements of Section 627.727, Florida Statutes (2015), prohibit the limitations placed on UM coverage in the collector vehicle policy at issue and that nothing in the statute specifically exempts collector policies. Although Section 627.727(9)(d) allows insurers to exclude coverage for injuries suffered in vehicles “for which uninsured motorist coverage was not purchased,” this limitation can only be imposed with the insured’s consent. The Florida Supreme Court noted that the insured did not reject UM coverage in this case, elected stacked UM coverage, and was never asked to consent to this specific limitation in the policy.

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