State Farm Mutual Automobile Insurance v. Carr

STONE, Chief Judge.

We reverse a judgment in favor of the insured because the trial court improperly denied State Farm’s request for a brief recess to address an issue raised by the trial court sua sponte. The principal issue at trial was whether the insured was bound by a prior rejection of an option to stack uninsured motorist coverage.

The court directed a verdict in favor of the insured’s estate based on the court’s concern that State Farm had failed to demonstrate compliance with the filing provisions of section 627.727(9)(e), Florida Statutes (1995), which provides:

*157In connection -with the…