On February 22, 2017, in Zurich American Insurance Company v. Cernogorsky, No. 3D16-689, the Florida Third DCA reversed the trial court’s ruling denying a summary judgment motion by the defendant insurer. The plaintiff had been injured as a pedestrian and after collecting the insurance BI policy limits of the motorist who struck him, he rejected his own UM policy limits of $10,000 and sought UM coverage under his employer’s insurance policy issued by the defendant. The basis of his claim was that: (1) he was a covered individual under the company’s policy because the policy covered autos not owned by the company, which according to the plaintiff included vehicles owned by employees; and, (2) the policy provided primary coverage which included UM coverage that extended to him because the company had failed to execute a UM coverage waiver as required by section Fla.
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