Union American Insurance Co. v. Cabrera

I respectfully dissent. In my view, the jury instructions were in accordance with the law and were entirely proper. The court’s instruction to the jury simply tracked, word for word, section 627.727, Florida Statutes, which requires a written rejection of UM coverage. The insurer’s position throughout the trial was that it had offered UM coverage to the named insured, and that the trucking company had rejected that offer in writing. However, the insurer’s witness further testified that it could not produce that written rejection because the document had been destroyed. Therefore, the jury was…