Ellman v. Occidental Fire & Casualty Co. of North Carolina

Affirmed. The trial court properly granted summary judgment in favor of Occidental. See § 627.727(2), Fla. Stat. (1984). Occidental’s policy provided only excess coverage to Appellant’s husband, Donald Ellman, and USF & G, his personal automobile policy, provided primary coverage. Further, at the time he rented the automobile in question from Value Rent-A-Car, Donald Ellman explicitly rejected the opportunity to purchase primary coverage from Occidental. Therefore, Occidental was under no obligation under the rental car agreement to furnish uninsured motorist coverage to him. See generally,…