17 Fla. L. Weekly Supp. 42a
Online Reference: FLWSUPP 1701DELGInsurance — Insured, who was claimant in case, was entitled to copy of policy under provisions of statute requiring insurer to provide copy of policy within 30 days of written request of claimant
WANDA DELGADO, Plaintiff, vs. SEMINOLE CASUALTY INSURANCE COMPANY, Defendant. County Court, 15th Judicial Circuit in and for Palm Beach County. Case No. 502007SC01436 XXXX MP, Division RB. September 2, 2009. Caroline Cahill Shepherd, Judge.
ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
THIS CAUSE came before the Court upon Plaintiff’s Motion for Summary Judgment as to Plaintiff’s Amended Complaint on July 29, 2009. The Court having heard the arguments of Counsel and being fully advised in the premises, it is
ORDERED AND ADJUDGED that Plaintiff’s Motion for Summary Judgment as to Plaintiff’s Amended Complaint is GRANTED.
It is agreed that Plaintiff, as insured, requested a copy of the policy of insurance. It is also agreed that as of July 29, 2009, Defendant has not provided Plaintiff a copy of the policy. Defendant claims that Florida Statutes § 627.4137(1)(e) applies only to claimants. However, § 627.4137 applies to the insured as well as a claimant as noted in State Farm Mutual Ins. Co. v. Godard, “[i]f the insureds wanted to confirm what coverage was actually afforded by the umbrella/excess policy, they could have made a request to State Farm Fire and Casualty under section 627.4137 for such information and a copy of the policy.” State Farm Mutual Ins. Co. v. Godard, 936 So.2d 5 at 10-11 (Fla. 4th DCA 2006). In Godard, as in the instant case, the insureds were the claimants entitled to a copy of the policy pursuant to §627.4137.
Also, in Rousseau, the Fourth District Court of Appeals held that “[i]t is undisputed that the insurer failed to comply with subsection 627.4137(1)(e), Florida Statutes (1993), which mandates that an insurer ‘shall provide’ a copy of the policy ‘within 30 days of the written request of the claimant.’ ” United Automobile Insurance Company v. Rousseau, 662 So.2d 1229 (Fla. 4th DCA 1996) citing Allstate Ins. Co. v. Singletary, 540 So.2d 938 (Fla. 2nd DCA 1989). The Plaintiff in this matter, like the claimant in Rousseau, is the insured.
ORDERED AND ADJUDGED that this Court shall retain jurisdiction regarding attorney’s fees and costs.
