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Graham v. United Services Auto. Ass'n

District Court of Appeal of Florida, First District
Dec 3, 1984
459 So. 2d 484 (Fla. Dist. Ct. App. 1984)

Summary

adding minor child to policy does not require new UM election

Summary of this case from State Farm v. Shaw

Opinion

No. AW-380.

December 3, 1984.

Appeal from the Circuit Court for Escambia County, M.C. Blanchard, J.

Gerald A. McGill of Kirtz, Southworth McGill, Pensacola, for appellant.

Miles Davis of Beggs Lane, Pensacola, for appellee.


The question presented on this appeal is whether section 627.727, Florida Statutes (1979), required the appellee insurer to obtain an affirmative rejection of uninsured motorist coverage in an amount equal to the bodily injury liability limits after the insured's initial rejection by reason of the fact that insured automobiles were changed from time to time by endorsement and the appellant's minor child was added as an additional insured. Appellant claims that such changes constituted the issuance of a new policy of insurance by the insurer, requiring a new affirmative rejection of the uninsured motorist coverage. The record reflects that the policy was renewed annually from its inception in 1975 to 1980, the date of the injury giving rise to this claim. We find that Sentry Insurance A Mutual Company v. McGowan, 425 So.2d 98 (Fla. 5th DCA 1983), is controlling on this issue. We do not consider the decision in Sentry Insurance to be inconsistent with our decision in Maxwell v. United States Fidelity Guaranty Co., 399 So.2d 1051 (Fla. 1st DCA 1981). The order granting summary judgment for appellee is therefore AFFIRMED.

SMITH, ZEHMER and BARFIELD, JJ., concur.


Summaries of

Graham v. United Services Auto. Ass'n

District Court of Appeal of Florida, First District
Dec 3, 1984
459 So. 2d 484 (Fla. Dist. Ct. App. 1984)

adding minor child to policy does not require new UM election

Summary of this case from State Farm v. Shaw
Case details for

Graham v. United Services Auto. Ass'n

Case Details

Full title:JAMES W. GRAHAM, APPELLANT, v. UNITED SERVICES AUTOMOBILE ASSOCIATION…

Court:District Court of Appeal of Florida, First District

Date published: Dec 3, 1984

Citations

459 So. 2d 484 (Fla. Dist. Ct. App. 1984)

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