Stadelman v. Johnson

The plaintiffs appeal a final summary judgment in which the trial court concluded that Progressive American Insurance Company [Progressive] did not provide uninsured motorist coverage to the plaintiffs. They raise two issues: 1) the court *1002erred as a matter of law in its interpretation of a policy exclusion; and 2) there is a genuine issue of material fact concerning the insurer’s compliance with section 627.727(9), Florida Statutes (2001). We affirm the court’s interpretation of the policy exclusion, but reverse the summary judgment on the limited factual issue of the insurer’s compliance…