Atlanta Casualty Co. v. Evans

In Atlanta Casualty Co. v. Evans, 668 So. 2d 287 (Fla. 1st DCA 1996), Shirley T. Evans (formerly Brinson) and her husband, Larry Brinson, applied for auto insurance with Atlanta Casualty Company on February 19, 1990, requesting bodily injury liability limits of $10,000 per person and $20,000 per accident, and a property damage liability limit of $10,000 per accident. 668 So. 2d at 288. Mr. Brinson signed a form rejecting UM coverage. Id. The issued policy covered a period from February 20, 1990, to February 20, 1991. Id. Evans and her former husband divorced on December 30, 1990. Id. Prior to the expiration of the policy, the insurance company sent a renewal notice to the address listed on the application, which appeared to be where Evans continued to reside after the divorce. Id. On February 20, 1991, Evans renewed the same policy number and submitted a signed request for the same coverage, but requested that her former husband be removed as the named insured and that her name be changed from Brinson to Evans. Id. The insurance company made the requested changes. Id. The insurance company did not offer Evans UM coverage, nor did it obtain a written rejection of such coverage prior to renewing the policy. Id. On July 7, 1991, an uninsured motorist injured Evans and her minor children in an auto accident. Id. Based on section 627.727(1), Florida Statutes (1991), the First District determined that: "an insurer is not required to provide uninsured motorist coverage when 'an insured named in the policy' rejects such coverage, in writing, 'on behalf of all insureds under the policy.' Moreover, uninsured motorist coverage need not be provided when 'an existing policy' as to which uninsured motorist coverage had been rejected is 'renewed, extended, changed, superseded, or replaced' by 'any other policy' having 'the same bodily injury liability limits' as the previous policy, ' unless an insured . . . requests such coverage . . . in writing.'"Id. at 289. The court concluded that the plain language of the statute did not require the insurance company to offer UM coverage to Evans absent a written request for such coverage. Id.