15 Fla. L. Weekly Supp. 839a
Insurance — Automobile — Coverage — Where insured took action to switch coverage from another insurer to defendant insurer, after date of accident defendant insurer submitted correspondence to agent requesting documentation regarding insured’s prior coverage, agent failed to provide documentation, and defendant insurer subsequently issued insurance identification card retroactive to date prior to accident, insured is entitled to coverage for accident
GULF COAST INJURY CENTER, LLC., (As assignee of Sheila Drake), Plaintiff, vs. GMAC INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, County Civil Division. Case No. 05-7275. Division I. July 27, 2007. Charlotte W. Anderson, Judge. Counsel: Timothy A. Patrick, Nicholas, Lipscomb & Patrick, P.A., Tampa, for Plaintiff. Jeffrey Adams, for Defendant.
PARTIAL JUDGMENT
THIS CAUSE having come before the court on June 19, 2007 on the court’s determination as to insurance coverage. Plaintiff’s counsel, Timothy A. Patrick, and Defendant’s counsel, Jeff Adams, were present. The court after reviewing legal memoranda of counsel and having heard legal argument and having reviewed the entire record, rules for the reasons stated on the record.
It is ORDERED and ADJUDGED as follows:
1. The court finds that the insured, Sheila Drake, is entitled to insurance coverage for the 1994 Buick Regal Gran Sport for the accident of January 11, 2005.
2. On January 20, 2005, GMAC submitted correspondence to its agent requesting documentation regarding the insured’s previous coverage with Progressive.
3. It is uncontroverted that the agent failed to provide this documentation to GMAC and that the agent was switching the insured’s coverage from Progressive to GMAC.
4. The intention of the insured as to insuring her three (3) vehicles is not in question.
5. On January 31, 2005, GMAC issued an insurance ID card to the insured stating that coverage was in effect for the Buick Regal on December 27, 2004.
6. An insured’s request for a change in policy terms may be processed retroactively, and if an accident occurs after the effective date, but prior to the processing date, the policy applies as changed. Gov’t Employees Ins. Co. v. State Farm Mut. Auto. Ins. Co., 382 So. 2d 876 (Fla. 1st DCA 1980) citing to McCall v. Garland, 371 So.2d 1080 (Fla. 4th DCA 1979).
7. An insurance ID card shall constitute sufficient proof of insurance pursuant to F.S. 320.02(5)(a) and F.S. 316.646(1).
8. GMAC’s issuance of the insurance ID card to the insured on January 31, 2005 constituted proof of insurance pursuant to the aforementioned statutory authority.
9. The insured was entitled to rely upon the representations by GMAC and its agent.
10. The Court orders a Case Management Conference to occur within thirty (30) days to address Plaintiff’s breach of contract count.
11. The court reserves jurisdiction over Plaintiff’s claim for damages.
12. The court reserves jurisdiction as to attorney’s fees and costs.
