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Allianz Insurance Company v. Halpenny

District Court of Appeal of Florida, Third District
Sep 11, 1996
678 So. 2d 368 (Fla. Dist. Ct. App. 1996)

Opinion

Nos. 95-1365, 95-1722.

June 12, 1996. Rehearing Denied September 11, 1996.

Appeal from the Circuit Court, Dade County, Ronald Friedman, J. L.T. No. 94-22451.

Fowler, White, Burnett, Hurley, Banick Strickroot, Fred Ober, Beverly Eisenstadt and Steven Stark, Miami, for appellant.

Angones, Hunter, McClure, Lynch Williams and Christopher Lynch, Miami, for appellee.

Before JORGENSON, GODERICH and GREEN, JJ.


Because the insurer, Allianz Insurance Company, failed to comply with the annual notice requirements of section 627.727 (1), Florida Statutes (1991), we find that the trial court properly held that the uninsured/underinsured motorist coverage is equal to the liability limits set forth in the policy. See Patterson v. Cincinnati Ins. Co., 564 So.2d 1149, 1152 (Fla. 1st DCA 1990); Ruiz v. Prudential Property Casualty Ins. Co., 441 So.2d 681 (Fla. 3d DCA 1983). Accordingly, we affirm the orders under review.

Section 627.727 (1), Florida Statutes (1991), provides, in pertinent part, as follows:
The insurer shall notify the named insured at least annually of his options as to the coverage required by this section. Such notice shall be part of, and attached to, the notice of premium, shall provide for a means to allow the insured to request such coverage, and shall be given in a manner approved by the department.

Affirmed.


Summaries of

Allianz Insurance Company v. Halpenny

District Court of Appeal of Florida, Third District
Sep 11, 1996
678 So. 2d 368 (Fla. Dist. Ct. App. 1996)
Case details for

Allianz Insurance Company v. Halpenny

Case Details

Full title:ALLIANZ INSURANCE COMPANY, A FOREIGN CORPORATION, APPELLANT, v. TERRENCE…

Court:District Court of Appeal of Florida, Third District

Date published: Sep 11, 1996

Citations

678 So. 2d 368 (Fla. Dist. Ct. App. 1996)

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