Who are mandatory people insured under Florida uninsured motorist coverage and what exclusions are declared invalid?

Who are mandatory people insured under uninsured motorist coverage and what exclusions are declared invalid?

F.S. 627.727 extends uninsured motorist coverage to the named insured, the named insured's spouse, and the relatives of either who reside in the same household. Mullis v. State Farm Mutual Automobile Insurance Co., 252 So.2d 229 (Fla. 1971). Coverage also applies to permissive operators and occupants of the insured vehicle. It is very important that your West Palm Beach accident attorney know that the insured status of the person killed or injured as a result of the negligence of the uninsured motorist, rather than the status of the person claiming damages, determines whether UM coverage is available. Valiant Insurance Co. v. Webster, 567 So.2d 408 (Fla. 1990) (father of child killed by uninsured motorist not entitled to UM benefits when child not insured under father's policy).

You should be aware that the coverage doesn't follow a particular vehicle or accident but focuses on the injured person. Therefore, if the injured person is a Class 1 insured (named insured, named insured's spouse, and relatives of either whom reside in the same household) they are covered "whenever or wherever bodily injury is inflicted upon" them, and any attempt to exclude with coverage with few exceptions is impermissible and invalid. See Mullis.

Selecting a Palm Beach County accident attorney experienced in automobile litigation is the most important decision you can make to preserve your UM benefits claim after you have been involved in a car accident. For an insurer to legally be able to exclude UM coverage for injuries sustained by Class 1 insured while occupying any vehicle owned by such insured for which UM coverage has not been purchased, the insurer must notify the insured of the coverage limitations in writing on a form approved by the Office of Insurance Regulation and reduces the premium for UM coverage by at least 20%. F.S. 627.727(9)(d). An experienced West Palm Beach accident attorney will review your policy to ensure that no provisions in uninsured motorist policies provide less coverage than required by F.S. 627.727 because these are void as contrary to public policy. Young v. Progressive Southeastern Insurance Co., 753 So.2d 80, 83 (Fla. 2000).

Examples of cases where exclusions and limitations were declared invalid include:

Exclusion of coverage while occupying a vehicle owned by the insured but not covered under the policy unless the insurer complies with F.S. 627.727(9). Government Employees Insurance Co. Douglas, 654 So.2d 118 (Fla. 1995); Mullis v. State Farm Mutual Automobile Insurance Co., 252 So.2d 229 (Fla. 1971).

Exclusion limiting coverage to certain operators of the insured vehicle. Salas v. Liberty Mutual Fire Insurance Co., 272 So.2d 1 (Fla. 1973); Liberty Mutual Insurance Co. Marino, 370 So.2d 397 (Fla. 3d DCA 1979).

Exclusion limiting coverage of underage drivers. First National Insurance Co. of America v. Devine, 211 So.2d 587 (Fla. 2d DCA 1968). Compare Southeast Title & Insurance Co. v. Thompson, 231 So.2d 201 (Fla. 1970) (permitting exclusion of underage drivers by separate endorsement).

Exclusion limiting coverage while the insured is an occupant of a public conveyance. Forbes v. Allstate Insurance Co., 210 So.2d 244 (Fla. 3d DCA 1968).

Exclusion for injuries sustained while occupying certain types of vehicles. Schutt v. Atlanta Casualty Cos., 682 So.2d 684 (Fla. 5th DCA 1996): Hartford Accident & Indemnity Co. v. Mason, 210 So.2d 474 (Fla. 3d DCA 1968).

Provisions requiring the insured to fully exhaust the tortfeasor's liability coverage before the uninsured motorist benefits become available. New Hampshire Insurance Co. v. Knight, 506 So.2d 75 (Fla. 5th DCA 1987).

Provision excluding coverage for mental pain and suffering of a deceased's survivor when the deceased/insured could have recovered damages, even though the survivor was not an insured under the deceased/insured's policy. Auto-Owners Insurance Co. v. DeJohn, 640 so.2d 158 (Fla. 5th DCA 1994).