Citations
- 450 So. 2d 1202
Full opinion text
PER CURIAM.
Appellant seeks review of a final judgment for the plaintiff entered by the trial court pursuant to a directed verdict at the close of all the evidence in an action wherein the plaintiff sought a declaratory judgment on the question of the amount of uninsured motorist coverage in a policy issued by the appellant.
In November 1979, the plaintiff purchased from the defendant, State Farm, an automobile insurance policy. The policy had liability limits of $100,000 and uninsured motorists limits of $15,000. At the time of the purchase of the policy, the plaintiff was a resident of Colorado and the policy was delivered in Colorado. The policy was written for a 6 month period to expire May 12, 1980. Two weeks after she received the policy the plaintiff was transferred to Monroe County, Florida, for employment purposes. She notified her Colorado agent of her Monroe County address and in March, 1980, she received a letter from State Farm to contact a local Florida agent and a Florida policy with $100,000 limits for both liability and uninsured motorists coverage. At this time the Colorado policy had almost 3 months to run and as she wasn’t sure about remaining in Florida, she returned, the Florida policy informing State Farm there was some question as to whether or not she would remain in Florida so she wanted the Colorado policy reinstated. At the expiration of that policy in May, 1980, if she were still in Florida, she would then accept a Florida policy. The policy remained as a Colorado policy until the accident giving rise to this claim which occurred on November 26, 1980. During the interim, the policy had been renewed for the May-November 1980 term and the November, 1980 — May 1981 term and all premiums were paid. After the accident State Farm contended the plaintiff had $15,000 limits under the policy written and delivered in Colorado. The plaintiff contended she was entitled to $100,000 limits pursuant to § 627.727 Fla. Stat. (1980 Supp.). The instant litigation ensued resulting in a directed verdict for the plaintiff holding she had $100,000— $300,000 uninsured motorists coverage.
The appellant contends that the trial court erred in failing to direct a verdict in the appellant’s favor when the policy sued upon was a Colorado policy purchased and delivered in Colorado. The $15,000 limit contained in that policy is controlling and is not changed by Florida law. We agree. This was a Colorado policy when issued and continued as such upon renewal; the policy holder having specifically rejected a Florida policy. Goodman v. Olsen, 305 So.2d 753 (Fla.1975); Jemco, Inc. v. United Parcel Service, Inc., 400 So.2d 499 (Fla. 3d DCA 1981); Cf Burnett v. Fireman’s Fund Insurance Company, 408 So.2d 838 (Fla. 2d DCA 1982).
The Colorado policy originally issued was renewed at six month intervals. After the Florida policy was rejected by Davella, no other policy was issued. The general rule in such situations is stated as follows:
“If a court follows the rule that the law governing the construction of an insurance contract is that of the state in which the contract was made, and if an arrangement subsequent to the making of the original insurance contract is treated as a new and independent contract, then the law of the state in which the subsequent arrangement was made, rather than the law of the state in which the original contract was made, will be controlling as to matters involved in the construction of the contract. If, on the other hand, the subsequent arrangement is treated merely as an incident or continuation of the original contract, then the law of the state in which the original contract was made, rather than the law of the state in which the subsequent arrangement was made, will govern as to matter of construction.”
and that,
... “the payment of renewal premiums in a different state from that in which the original contract was made did not constitute the making of a new and independent contract and that the governing law was that which governed the original policy.”
Annot, 3 A.L.R. 3rd 646, 649 (1965).
On the date of loss, the original Colorado policy was still in effect. The Florida insurance code uninsured motorist statute specifically, applies only to policies delivered or issued for delivery in Florida, therefore these statutes have no applicability in the instant case. See, Sections 627.401 and 627.727, Fla.Stat. (1979).
Appellee argues that the premium notices sent Davella by her Colorado agent constitute “delivery” of a policy in Florida because they “evidence the insurance contract and itemized the coverage”.
If the brochures and booklets referred to in Blue Cross of Florida, Inc. v. Turner, 363 So.2d 133 (Fla. 1st DCA 1978) and Albury v. Equitable Life Assurance Society of the United States, 409 So.2d 235 (Fla. 1st DCA 1982) are not defined “policies”, the simple notices of premium sent in this case cannot suffice as policies.
The appellee replies strongly on Gillen v. United States Automobile Association, 300 So.2d 3 (Fla., 1974) and Decker v. Great American Insurance Company, 392 So.2d 965 (Fla. 2d DCA 1980). We find these cases not to be applicable because when the policies therein were issued the insured were permanent residents of Florida or moved to Florida and notified the insurer of their intent to become permanent residents. The instant case differs from Gillen and Decker in that the insured advised the company on several occasions that her move to Florida was temporary and that she wanted to keep her Colorado policy intact. She continued to deal with her Colorado agent and wrote to him, not her Florida agent, to request her renewal policies. She also specifically rejected a Florida insurance policy.
Finding that this was a Colorado policy, the trial court committed error in granting the appellée’s motion for directed verdict and denying the appellant’s motion for directed verdict and therefore we reverse the declaratory judgment under review with directions to enter a directed verdict for the defendants in the trial court.
Reversed and remanded with directions.
. Davella refused this "Florida" policy with the following written explanation to State Farm:
“I didn't ask my policies to be turned over to Fla. they’re to be kept in Colo until the expiration then if I’m still residing here you can switch them over I may not be here I may be back in Colo — I also don’t plan on paying another 10