Summary
dismissing insurer's argument that "non-conforming form" supported presumption that UM coverage was rejected
Summary of this case from State Farm Fire & Cas. Ins. Co. v. WilsonOpinion
No. 87-591.
September 29, 1987.
Appeal from the Circuit Court, Dade County, Jack M. Turner, J.
Goodman Hochman, James C. Blecke, Miami, for appellant.
Magill Lewis and R. Fred Lewis, Miami, for appellee.
Before HUBBART, BASKIN and JORGENSON, JJ.
Finding that Orion Insurance Company failed to use the required waiver form for uninsured motorist insurance and, as a result, was unable to establish a valid waiver, we affirm the Summary Final Judgment in favor of appellee. § 627.727(1), Fla. Stat. (Supp. 1984). Cf. Northern Ins. Co. of N.Y. v. Hiers, 504 So.2d 1382 (Fla. 5th DCA 1987) (notice of coverage options neither attached directly to premium notice nor incorporated in premium notice fails to comply with statutory requirement). We reject the contention that a non-conforming waiver form may constitute presumptive proof of waiver. Appellant's remaining point lacks merit.
Affirmed.