25 Fla. L. Weekly D1873c

Insurance — Uninsured motorist — Record supports trial court’s conclusion that insurer failed to meet burden of proving, absent a written rejection, that there was an informed knowing rejection of UM coverage at time insured applied for new liability policy subsequent to expiration of prior policy

U.S. SECURITY INSURANCE COMPANY, INC., Appellant, v. FEDORAH E. DOSS, WAYNE DOSS, her husband, and LYNN DOSS CECCANESE, Appellees. 4th District. Case No. 4D99-2570. Opinion filed August 9, 2000. Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Jack H. Cook, Judge; L.T. Case No. CL 97-3257 AJ. Counsel: Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A., John J. Bulfin of Wiederhold, Moses, Bulfin & Rubin, P.A. and Kenneth M. Rubin of Wiederhold, Moses & Rubin, P.A., West Palm Beach, for appellant. Salvatore Scibetta of Fetterman & Associates, P.A., North Palm Beach, for Appellees-Fedorah E. Doss and Wayne Doss. Todd R. Schwartz of Ginsberg & Schwartz, Miami, and Eric H. Luckman, West Palm Beach, for Appellee-Lynn Doss Ceccanese.

(PER CURIAM.) We affirm a judgment as to coverage in favor of the plaintiffs (insureds) on an uninsured motorist claim. It is undisputed that the insureds did not sign a written rejection of uninsured motorist coverage incident to Mrs. Doss’ application for a new liability policy subsequent to expiration of the insureds’ prior policy. See § 627.727(1), Fla. Stat. (Supp. 1996). A review of the record supports the trial court’s conclusion, in directing a verdict in favor of the insureds, that the insurer failed to meet its burden to prove, absent a written rejection, that there was an informed knowing rejection of uninsured motorist coverage. See Travelers Ins. Co. v. Spencer, 397 So. 2d 358 (Fla. 1st DCA 1981) (insurance company presented insufficient evidence of an informed knowing rejection of uninsured motorist coverage). (WARNER, C.J., STONE, J., and GLICKSTEIN, HUGH S., Senior Judge, concur.)