Commercial Union Insurance Co. v. Velazquez

The final declaratory decree under review is reversed and the cause is remanded to the trial court with directions to enter a new declaratory decree in light of the recent decision of the Florida Supreme Court in American Fire & Indemnity Co. v. Spaulding, 442 So.2d 206 (Fla.1983). In particular, the trial court on remand should make a factual determination as to whether the insured, Florida Georgia Tractor Company, knowingly made a selection of lower uninsured motorist limits under Section 627.727(1), Florida Statutes (1979); in this connection, the trial court may take additional testimony…