Amendment to Florida's UM Statute, Section 627.727(9)

By: Candy L. Messersmith

06.14.13

 The Legislature (HB341) recently amended the UM statute, section 627.727(9), to clarify that a named insured's selection of non-stacking coverage is effective as to all insureds, adding the underlined language with respect to the selection of non-stacking coverage:
If this form is signed by a named insured, applicant, or lessee, it shall be conclusively   presumed that there was an informed, knowing acceptance of
such limitations on behalf of all insureds.
 
Per the staff analysis, the amendment clarifies existing law and corrects any uncertainty caused by the First District in Travelers Commercial Insurance Co. v. Harrington, 86 So. 3d 1274 (Fla. 1st DCA 2012).  In Harrington, the court held that the mother’s selection of non-stacking coverage did not apply to her daughter’s UM claim and the daughter was thus entitled to stacking coverage.  The decision is currently on review in the Florida Supreme Court.

The effective date of the amendment was June 14, 2013.  However, given the express language in the legislative history—the amendment should apply to existing claims and claims arising before its passage.