AMERICAN FIRE & CAS. CO. v. BIGGER

No. 83-664.

442 So.2d 1109 (1983)

AMERICAN FIRE & CASUALTY COMPANY, Appellant, v. Bernard W. BIGGER, Appellee.

District Court of Appeal of Florida, Fourth District.

December 28, 1983.


Attorney(s) appearing for the Case

James T. Walker of Brennan, McAliley, Hayskar, McAliley & Jefferson, P.A., Fort Pierce, for appellant.

J. Michael Brennan of Brennan & Muschott, Fort Pierce, for appellee.


LETTS, Judge.

The sole question before this court is whether the insured rejected higher uninsured motorist benefits (U.M.) under Section 627.727(1), Florida Statutes (Supp. 1976). The trial judge held he did not. We disagree and reverse.

In 1965, the insurance company issued an automobile policy to the insured under which the latter obtained bodily injury limits of $300,000. In 1973, Section 627.727, Florida Statutes, was enacted to provide that, absent a...

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