RJT Enterprises, Inc. v. Allstate Insurance Co.

I respectfully dissent. I am not convinced that the legislature intended by section 627.7263 to shift to the renter’s insurer the separate and very extensive duty to defend the rental agency. Rather, what was shifted in section 627.7263 was the responsibility to provide the primary layer of indemnification “for the limits of liability and personal injury protection coverage” required by sections *60324.021(7) and 627.736, Florida Statutes. See § 324.021(7), Fla.Stat. (1985) (establishes the required $10,000 amount of liability coverage); and § 627.736, Fla.Stat. (1985) (mandates personal injury…