Opinion
No. 674.
July 28, 1967. Rehearing Denied September 26, 1967.
Appeal from the Circuit Court for Broward County, Ted Cabot, J.
Edward A. Perse, of Carey, Dwyer, Austin, Cole Stephens, Miami, for appellant.
Sheldon J. Schlesinger, of Simons Schlesinger, Hollywood, for appellee.
State Farm Mutual Automobile Insurance Company appeals from a final judgment holding that Earl Andrew Glover, appellee, and plaintiff in the lower court, was entitled to coverage of uninsured motorist protection. Appellant contends that the trial court erred in failing to apply the final proviso of F.S.A. § 627.0851(1) retroactively, as amended on July 1, 1963.
Norman E. Sharp owned a 1956 Chevrolet and State Farm Mutual Automobile Insurance Company issued a policy on December 13, 1960, on said car and Sharp executed in writing a rejection of uninsured motorist coverage on December 11, 1961, according to F.S.A. § 627.0851(1), describing said Chevrolet.
Effective July 1, 1963, the following amendment was added to said statute:
"* * * provided further that, unless the named insured requests such coverage in writing, the coverage need not be provided in or supplemental to a renewal policy where the named insured had rejected the coverage in connection with a policy previously issued to him by the same insurer."
On November 16, 1963, State Farm issued a new policy covering a 1962 Comet and on November 24, 1963, an accident occurred with an uninsured motorist. State Farm did not receive a rejection in writing on this new policy but depended on the December 11, 1961, rejection.
The lower court held that the 1963 amendment of F.S.A. § 627.0851(1) was not retroactive and this court affirms the judgment of the lower court.
Affirmed.
ANDREWS and CROSS, JJ., and LEAVENGOOD, C. RICHARD, Associate Judge, concur.