Rando v. Government Employees Insurance Co.

39 So. 3d 244, 35 Fla. L. Weekly Supp. 201, 2010 Fla. LEXIS 475, 2010 WL 1372697
CourtSupreme Court of Florida
DecidedApril 8, 2010
DocketSC09-240
StatusPublished
Cited by14 cases

This text of 39 So. 3d 244 (Rando v. Government Employees Insurance Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rando v. Government Employees Insurance Co., 39 So. 3d 244, 35 Fla. L. Weekly Supp. 201, 2010 Fla. LEXIS 475, 2010 WL 1372697 (Fla. 2010).

Opinions

LABARGA, J.

This case is before the Court for review of a question of Florida law certified by the United States Court of Appeals for the Eleventh Circuit that is determinative of a cause pending in that court and for which there appears to be no controlling precedent. We have jurisdiction. See art. V, § 3(b)(6), Fla. Const. In Rando v. Government Employees Insurance Co., 556 F.3d 1173 (11th Cir.2009), the Eleventh Circuit certified the following question to this Court:

WHETHER, UNDER FLORIDA LAW, AN AUTOMOBILE INSURANCE POLICY — WHICH WAS EXECUTED, ISSUED AND DELIVERED IN FLORIDA TO THE NAMED INSUREDS RESIDING IN FLORIDA [246]*246FOR A CAR THAT IS REGISTERED AND GARAGED IN DELAWARE— MAY VALIDLY PROVIDE THAT UNINSURED MOTORIST COVERAGE UNDER THAT POLICY MAY NOT BE COMBINED WITH UNINSURED MOTORIST COVERAGE PROVIDED BY A SEPARATE AUTOMOBILE POLICY ALSO ISSUED BY THE INSURER TO THE NAMED INSUREDS IN FLORIDA.

As we discuss below, we answer the certified question in the negative. We conclude that under Florida law, the uninsured motorist anti-stacking provision contained in the Randos’ motor vehicle insurance policy — which was executed, issued and delivered in Florida to the named insureds residing in Florida and thus subject to Florida law — is unenforceable where the insurer, the Government Employees Insurance Company (GEICO), failed to satisfy the informed consent requirement of section 627.727(9), Florida Statutes (2005).1

Facts and Procedural Background

The facts of this case are fully set forth in the Eleventh Circuit Court of Appeals’ opinion in Rando v. Government Employees Insurance Co., 556 F.3d 1173 (11th Cir.2009). We summarize the salient facts here. Florida resident John Rando sustained permanent, life-altering injuries in a 2005 automobile accident. The accident occurred in Florida and was caused by an underinsured driver. At the time of the accident, John Rando and his wife Gail Rando were the named insureds on two motor vehicle insurance policies issued by GEICO. One policy, the Florida policy, covered two vehicles that were registered and principally garaged in Florida. The second policy, the Delaware policy, covered a vehicle that was registered and principally garaged in Delaware, where the Randos’ daughter resided. The Randos lived in Delaware until 2004, when they moved to Florida and established residency here. The Delaware policy was executed, issued and delivered in Florida. There was no express choice of law provision in the Delaware policy.

Each of the Randos’ motor vehicle policies provided uninsured motorist coverage, and the Randos paid premiums for coverage on each vehicle. Following the accident, the Randos were paid the full amount of uninsured motorist benefits under the Florida policy. However, they were denied benefits under the Delaware policy because of a provision that prohibited the combining, or stacking, of uninsured motorist benefits from separate GEICO motor vehicle policies. The anti-stacking provision in the Delaware policy stated:

If separate policies with us are in effect for you or any person in your household, they may not be combined to increase the limit of our liability for a loss.

The Randos originally filed suit against GEICO in state court, but thereafter GEI-CO removed the case to the federal district court. The district court concluded, and the parties stipulated, that Florida law applies to determine the rights and liabilities under the Delaware policy. The district court, granted summary judgment in favor of GEICO, concluding that the anti-stacking provision contained in the Delaware policy was enforceable because the vehicle [247]*247covered by the policy was neither registered nor principally garaged in Florida. The Randos appealed the district court’s decision to the Eleventh Circuit Court of Appeals. Given the absence of controlling Florida precedent, the Eleventh Circuit certified for this Court’s determination the question of whether the anti-stacking provision contained in the Delaware policy is enforceable under Florida law. As we explain below, we conclude that the provision is not enforceable.

Analysis

The question certified to this Court is a pure question of law. Consequently, the standard of review is de novo. See Jackson-Shaw Co. v. Jacksonville Aviation Authority, 8 So.3d 1076, 1085 (Fla.2008) (citing Macola v. Gov’t Employees Ins. Co., 953 So.2d 451, 454 (Fla.2006)). We begin by explaining why Florida law applies to the issue raised by the certified question. We continue with an overview of Florida law in the area of uninsured motorist coverage and stacking, and we address the certified question in this case.

Applicability of Florida Law to Interpret the Randos’ Delaware Policy

In this case, we are guided by the lex loci contractus rule, which provides that the law of the state where an insurance contract is executed is the law that “governs the rights and liabilities of the parties in determining an issue of insurance coverage.” State Farm Mut. Auto. Ins. Co. v. Roach, 945 So.2d 1160, 1163 (Fla.2006). Because the Delaware policy was executed, issued, and delivered in Florida, it is the law of Florida that forms the basis for our interpretation of the parties’ rights and liabilities in this case.2

Uninsured Motorist Coverage and Stacking

As noted in the district court’s order, Florida’s public policy, as reflected in section 627.727, Florida Statutes, favors the providing of insurance coverage for losses caused by uninsured motorists. “Uninsured motorist protection does not inure to a particular motor vehicle, but instead protects the named insured or insured members of his family against bodily injury inflicted by the negligence. of any uninsured motorist .under whatever conditions, locations, or circumstances any of such insureds happen to be in at the time.” Coleman v. Florida Ins. Guar. Ass’n, Inc., 517 So.2d 686, 689 (Fla.1988) (citing Mullis v. State Farm Mut. Auto. Ins. Co., 252 So.2d 229 (Fla.1971)).

In. the event of a loss caused by an uninsured motorist, stacking allows an insured who pays separate premiums for uninsured motorist coverage to obtain benefits for each premium paid. Rando, 556 F.3d at 1175 n. 1 (quoting United Servs. Auto. Ass’n v. Roth, 744 So.2d 1227, 1229 (Fla. 4th DCA 1999)). Florida law with respect to the stacking of uninsured motorist coverage has evolved over the last four decades. At present, although Florida law prohibits the stacking of most forms of motor vehicle insurance coverage, uninsured motorist coverage is expressly excluded from this, prohibition. See § 627.4132, Fla. Stat. (2009) (providing that the prohibition against stacking of motor vehicle insurance policies contained in that statute “does not apply ... [t]o uninsured motorist coverage”). Therefore, the stacking of uninsured motorist coverage is permissible under Florida law. [248]*248Moreover, the stacking of uninsured motorist coverage was permissible at the times relevant to the events in this case. We have explained the rationale for stacking uninsured motorist coverage as follows:

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Rando v. Government Employees Insurance Co.
39 So. 3d 244 (Supreme Court of Florida, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
39 So. 3d 244, 35 Fla. L. Weekly Supp. 201, 2010 Fla. LEXIS 475, 2010 WL 1372697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rando-v-government-employees-insurance-co-fla-2010.