NIEVES v. NORTH RIVER INS. CO.

No. 4D09-4730.

49 So.3d 810 (2010)

Ana NIEVES, as Personal Representative of the Estate of Joaquin Nieves, Appellant, v. NORTH RIVER INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 20, 2011.


Attorney(s) appearing for the Case

Christopher J. Lynch of Hunter, Williams & Lynch, P.A., Coral Gables, and Michael F. Audie , Miami, for appellant.

Barry L. Davis and Jennifer A. Cosgrove of Thornton, Davis & Fein, P.A., Miami, for appellee.


WARNER, J.

The issue presented in this case is whether an excess insurer has satisfied the terms of section 627.727(2), Florida Statutes, requiring an excess carrier to "make available" uninsured motorist protection, when it notifies the insured that excess UM coverage is available without charge, conditioned on the insured's purchase of uninsured motorist protection in its primary policy. We hold, as did the trial court, that the excess insurer has complied with...

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