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MITLEIDER v. BRIER GRIEVES AGENCY, INC.

No. 4D09-3362.

53 So.3d 410 (2011)

Corey MITLEIDER, Appellant, v. BRIER GRIEVES AGENCY, INC., f/k/a Steve Nash Agency, and Paul Steven Nash, Appellees.

District Court of Appeal of Florida, Fourth District.

February 16, 2011.

Attorney(s) appearing for the Case

Roy D. Wasson and Annabel C. Majewski of Wasson & Associates, Chartered, Miami, and Howard J. Weitzner of Greenberg & Stone, P.A., Miami, for appellant.

John S. Penton, Jr. of Cole Scott & Kissane, P.A., West Palm Beach, for appellees.

LEVINE, J.

The issue presented is whether the execution of a form, which rejects uninsured motorist coverage, absolves the insurance agency and its agent of liability for negligently failing to procure uninsured motorist coverage. We find that it does, since section 627.727(9), Florida Statutes (2007), creates a conclusive presumption that an informed and knowing rejection of uninsured motorist coverage was made.

Appellant filed a complaint for negligence...

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