![]() Because the School Board was obligated to pay judgments and settlements up to $200, 000.00, White had up to $200, 000.00 in available coverage through the School Board.Īscendant's policy states that uninsured motorist benefits are payable only when the tortfeasor's insurance coverage has been exhausted through the payment of judgments or settlements. ![]() The School Board's policy plainly indicates that the School Board is not self-insured, and consequently is not "uninsured" pursuant to section 627.727(3). 4th DCA 1999) (holding that city's $75, 000 retained limit did not render it a self-insurer). Even if the School Board retains a portion of the overall risk, this self-retention limit does not constitute self-insurance. The School Board, however, regularly pays premiums to United Educators Insurance, A Reciprocal Risk Retention Group, for coverage that provides a combined limit of liability of $500, 000.00 for each occurrence, a $500, 000.00 annual aggregate, and a retained limit of $200, 000.00 for any one occurrence. 2000) (determining that a person or entity who is a "self-insurer" is not a "liability insurer," and concluding that Florida's uninsured motorist statute treats a motorist who is self-insured as an uninsured motorist). Statutory uninsured or underinsured motorist coverage is meant to compensate the insured for a deficiency in the tortfeasor's coverage. (b) has provided limits of bodily injury liability for its insured which are less than the total damages sustained by the person legally entitled to recover damages." Id. An "uninsured motor vehicle" shall be deemed to include an insured motor vehicle when the liability insurer: ". ![]() Florida's uninsured motorist statute, section 627.727(3), provides the circumstances under which a vehicle is considered "uninsured," even when the vehicle is actually insured. We first address White's argument that the School Board is a self-insured government entity and as such is classified as uninsured or underinsured pursuant to section 627.727(3), Florida Statutes (2020), thereby making UM benefits available. Our review of an order granting summary judgment is de novo, as is our review of the trial court's interpretation of an insurance policy to determine coverage as a matter of law. The trial court granted summary judgment for Ascendant. The trial court concluded that, as a result, White cannot seek additional damages via Ascendant's UM coverage, which is triggered by a tortfeasor's underinsurance or lack of insurance. The trial court rejected that argument and determined the School Board was fully insured, not self-insured, and as the School Board's policy provided a limit of liability for single occurrence claims up to $200, 000.00, White failed to exhaust those limits. On Ascendant's motion for summary judgment, White asserted the School Board is self-insured, is statutorily classified as an "uninsured" or "underinsured" tortfeasor, and UM benefits are available. Subsequently, White sought to collect UM benefits from Ascendant. White settled with the School Board for $175, 000.00, and the School Board was dismissed with prejudice. He subsequently sued both the School Board and his employer's liability carrier, Ascendant. ![]() White was injured in an accident with a Miami-Dade County School Board ("School Board") bus while riding as a passenger in his employer's work vehicle. Marvin White ("White") appeals from a final summary judgment in favor of his employer's uninsured motorist ("UM") insurance carrier, Ascendant Commercial Insurance, Inc. Annunziato, for appellee Ascendant Commercial Insurance Inc. Majewski and Hevia Law Firm, and Anthony Carlos Hevia, for appellant.Īlexander C. Wasson & Associates, Chartered, and Annabel C. Not final until disposition of timely filed motion for rehearing.Īn Appeal from the Circuit Court for Miami-Dade County, Lower Tribunal No. ![]()
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