REALIN v. STATE FARM FIRE & CAS. CO.

No. 81-1021.

418 So.2d 431 (1982)

Maria REALIN and Jose Realin, Her Husband, Appellants, v. STATE FARM FIRE AND CASUALTY COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

August 24, 1982.


Attorney(s) appearing for the Case

Robert A. Glassman, Miami, for appellants.

Talburt, Kubicki & Bradley and Betsy E. Hartley and Jon Derrevere, Miami, for appellee.

Before SCHWARTZ, NESBITT and FERGUSON, JJ.


NESBITT, Judge.

A recurring question is whether the insured made a knowing rejection of the higher uninsured motorist benefits afforded by the policy issued, as is required by Section 627.727(1), Florida Statutes (1975). The trial court found, in this case, that he did and granted final summary judgment in favor of the defendant, State Farm Fire and Casualty Company (State Farm). We disagree and reverse.

The insured, Jose Realin, has difficulty communicating...

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