Notes of Decisions
Metro. Cas. Ins. Co. v. Tepper, 2 So. 3d 209 (Fla. 2009).
· cites it 90× “This case involves interpretation of section 627.727, Florida Statutes (2004), and the timing of an underinsured motorist (UM) insurer's subrogation lawsuit.”
State Farm Mut. Auto. Ins. Co. v. Laforet, 658 So. 2d 55 (Fla. 1995).
· cites it 46× “) The implementing language of that section provides: The purpose of subsection (10) of section 627.727, Florida Statutes, relating to damages, is to reaffirm existing legislative intent, and as such is remedial rather than substantive.”
Adrian Fridman v. Safeco Ins. Co. of Illinois, 185 So. 3d 1214 (Fla. 2016).
· cites it 30× “In the complaint, he stated that he was “entitled to recover damages from the Defendant, Safeco Insurance Company of Illinois, in accordance with the provisions of § 627.727.” That section provides that the damages an insured can recover in a bad faith action “shall include the…”
Rando v. Gov't Employees Ins. Co., 39 So. 3d 244 (Fla. 2010).
· cites it 54× “[2] Uninsured Motorist Coverage and Stacking As noted in the district court's order, Florida's public policy, as reflected in section 627.727, Florida Statutes, favors the providing of insurance coverage for losses caused by uninsured motorists.”
Young v. Progressive Se. Ins. Co., 753 So. 2d 80 (Fla. 2000).
· cites it 27× “Pursuant to section 627.727, Florida Statutes (1999), a self- insured motor vehicle that meets the requirements of section 324.”
O'BRIEN v. State Farm Fire & Cas. Co., 999 So. 2d 1081 (Fla. 1st DCA 2009).
· cites it 57× “Within three months of the accident, State Farm tendered checks for 0,000, the full amount of uninsured motorist coverage under the (stacked) automobile policies.”
Travelers Ins. Co. v. Warren, 678 So. 2d 324 (Fla. 1996).
· cites it 35× “However, I am compelled to my decision because of the recognition that the right to subrogation is integral to UM coverage under section 627.727, Florida Statutes. This is expressly recognized by the UM statute having a section setting forth specific procedures for subrogation.”
Shelby Mut. Ins. Co. v. Smith, 556 So. 2d 393 (Fla. 1990).
· cites it 28× “The failure to amend subsection (3) has created confusion about the Legislature's intentions as to the extent and scope of this coverage.”
State Farm Mut. Auto. Ins. Co. v. Robin Curran, 135 So. 3d 1071 (Fla. 2014).
· cites it 18× “See § 627.727, Fla. Stat. (2007). When an insured seeks to recover uninsured motorist benefits from its insurance carrier, the insured’s uninsured motorist carrier stands in the shoes of the uninsured - 18 - motorist, thereby placing the insurer in a position adverse to the…”
Adams v. Aetna Cas. & Sur. Co., 574 So. 2d 1142 (Fla. 1st DCA 1991).
· cites it 30× “Adams), and that Aetna did not give the named insured sufficient notice of the availability of such coverage as required by section 627.727, Florida Statutes (1982 Supp.”
State Farm Mut. Auto. Ins. Co. v. Roach, 945 So. 2d 1160 (Fla. 2006).
· cites it 9× “Code § 27-7-5-4 (West 2003) with § 627.727(1), Fla. Stat. (1999). Further, Florida does not allow underinsurance coverage to be reduced by setoff against other coverage, while Indiana law does.”
— 627.727(1) — 307 cases
O'BRIEN v. State Farm Fire & Cas. Co., 999 So. 2d 1081 (Fla. 1st DCA 2009).
“Within three months of the accident, State Farm tendered checks for 0,000, the full amount of uninsured motorist coverage under the (stacked) automobile policies.”
Shelby Mut. Ins. Co. v. Smith, 556 So. 2d 393 (Fla. 1990).
“The failure to amend subsection (3) has created confusion about the Legislature's intentions as to the extent and scope of this coverage.”
— 627.727(10) — 27 cases
State Farm Mut. Auto. Ins. Co. v. Laforet, 658 So. 2d 55 (Fla. 1995).
“) The implementing language of that section provides: The purpose of subsection (10) of section 627.727, Florida Statutes, relating to damages, is to reaffirm existing legislative intent, and as such is remedial rather than substantive.”
Adrian Fridman v. Safeco Ins. Co. of Illinois, 185 So. 3d 1214 (Fla. 2016).
“In the complaint, he stated that he was “entitled to recover damages from the Defendant, Safeco Insurance Company of Illinois, in accordance with the provisions of § 627.727.” That section provides that the damages an insured can recover in a bad faith action “shall include the…”
— 627.727(2) — 47 cases
O'BRIEN v. State Farm Fire & Cas. Co., 999 So. 2d 1081 (Fla. 1st DCA 2009).
“Within three months of the accident, State Farm tendered checks for 0,000, the full amount of uninsured motorist coverage under the (stacked) automobile policies.”
State Farm Mut. Auto. Ins. Co. v. Roach, 945 So. 2d 1160 (Fla. 2006).
“Code § 27-7-5-4 (West 2003) with § 627.727(1), Fla. Stat. (1999). Further, Florida does not allow underinsurance coverage to be reduced by setoff against other coverage, while Indiana law does.”
— 627.727(2)(a) — 5 cases
— 627.727(2)(b) — 22 cases
Shelby Mut. Ins. Co. v. Smith, 556 So. 2d 393 (Fla. 1990).
“The failure to amend subsection (3) has created confusion about the Legislature's intentions as to the extent and scope of this coverage.”
— 627.727(3) — 24 cases
Young v. Progressive Se. Ins. Co., 753 So. 2d 80 (Fla. 2000).
“Pursuant to section 627.727, Florida Statutes (1999), a self- insured motor vehicle that meets the requirements of section 324.”
— 627.727(3)(a) — 2 cases
— 627.727(3)(b) — 22 cases
Travelers Ins. Co. v. Warren, 678 So. 2d 324 (Fla. 1996).
“However, I am compelled to my decision because of the recognition that the right to subrogation is integral to UM coverage under section 627.727, Florida Statutes. This is expressly recognized by the UM statute having a section setting forth specific procedures for subrogation.”
Shelby Mut. Ins. Co. v. Smith, 556 So. 2d 393 (Fla. 1990).
“The failure to amend subsection (3) has created confusion about the Legislature's intentions as to the extent and scope of this coverage.”
State Farm Mut. Auto. Ins. Co. v. Robin Curran, 135 So. 3d 1071 (Fla. 2014).
“See § 627.727, Fla. Stat. (2007). When an insured seeks to recover uninsured motorist benefits from its insurance carrier, the insured’s uninsured motorist carrier stands in the shoes of the uninsured - 18 - motorist, thereby placing the insurer in a position adverse to the…”
Young v. Progressive Se. Ins. Co., 753 So. 2d 80 (Fla. 2000).
“Pursuant to section 627.727, Florida Statutes (1999), a self- insured motor vehicle that meets the requirements of section 324.”
— 627.727(3)(b)(1995) — 1 case
— 627.727(3)(c) — 5 cases
Travelers Ins. Co. v. Warren, 678 So. 2d 324 (Fla. 1996).
“However, I am compelled to my decision because of the recognition that the right to subrogation is integral to UM coverage under section 627.727, Florida Statutes. This is expressly recognized by the UM statute having a section setting forth specific procedures for subrogation.”
— 627.727(3)(e) — 1 case
— 627.727(4) — 4 cases
— 627.727(4)(b) — 2 cases
— 627.727(6) — 49 cases
Metro. Cas. Ins. Co. v. Tepper, 2 So. 3d 209 (Fla. 2009).
“This case involves interpretation of section 627.727, Florida Statutes (2004), and the timing of an underinsured motorist (UM) insurer's subrogation lawsuit.”
— 627.727(6)(B) — 1 case
— 627.727(6)(a) — 16 cases
State Farm Mut. Auto. Ins. Co. v. Robin Curran, 135 So. 3d 1071 (Fla. 2014).
“See § 627.727, Fla. Stat. (2007). When an insured seeks to recover uninsured motorist benefits from its insurance carrier, the insured’s uninsured motorist carrier stands in the shoes of the uninsured - 18 - motorist, thereby placing the insurer in a position adverse to the…”
Young v. Progressive Se. Ins. Co., 753 So. 2d 80 (Fla. 2000).
“Pursuant to section 627.727, Florida Statutes (1999), a self- insured motor vehicle that meets the requirements of section 324.”
— 627.727(6)(b) — 12 cases
Metro. Cas. Ins. Co. v. Tepper, 2 So. 3d 209 (Fla. 2009).
“This case involves interpretation of section 627.727, Florida Statutes (2004), and the timing of an underinsured motorist (UM) insurer's subrogation lawsuit.”
Young v. Progressive Se. Ins. Co., 753 So. 2d 80 (Fla. 2000).
“Pursuant to section 627.727, Florida Statutes (1999), a self- insured motor vehicle that meets the requirements of section 324.”
— 627.727(6)(c) — 4 cases
— 627.727(6)(e) — 1 case
— 627.727(6)(t) — 1 case
— 627.727(7) — 7 cases
— 627.727(8) — 17 cases
— 627.727(9) — 56 cases
Rando v. Gov't Employees Ins. Co., 39 So. 3d 244 (Fla. 2010).
“[2] Uninsured Motorist Coverage and Stacking As noted in the district court's order, Florida's public policy, as reflected in section 627.727, Florida Statutes, favors the providing of insurance coverage for losses caused by uninsured motorists.”
— 627.727(9)(a) — 6 cases
— 627.727(9)(b) — 5 cases
— 627.727(9)(c) — 3 cases
— 627.727(9)(d) — 24 cases
— 627.727(9)(e) — 4 cases
— 627.727(a) — 1 case
— 627.727(l) — 1 case
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