Florida/Georgia Personal Injury & Workers Compensation

...and offered to settle it. On May 25, 2005, Osting-Schwinn's attorneys sent a settlement offer to the syndicates, offering to release all claims in exchange for a check for the full policy limits and the information disclosures required by Fla. Stat. § 627.4137....

...was "required to protect the hospital's lien by placing their name on the settlement check." 3. On January 27, 1999, Cheverie's new counsel wrote to Allstate, requesting copies of correspondence and policy information as required by Florida Statute section 627.4137....

...ry and essential element of any settlement acceptance. However, defendant did not provide this statutorily mandated affidavit until two months after suit was filed. We do not agree with defendant's characterization of compliance with Florida Statute section 627.4137 as a mere "technicality." [1] On the contrary, by enacting this statute, the legislature recognized the importance of a claimant's access to this type of information in making settlement decisions....

...tlement of all of the essential terms. We therefore reverse the order dismissing the complaint and remand this cause for further proceedings. REVERSED and REMANDED. WARNER, C.J., TAYLOR, J., and LENDERMAN, JOHN C., Associate Judge, concur. NOTES [1] Section 627.4137, Florida Statutes, provides: (1) Each insurer which does or may provide liability insurance coverage to pay all or portion of any claim which might be made shall provide, within 30 days of the written request of the claimant, a state...

...[5] On May 4, 2006, Geico interviewed Cardenas and again informed Cardenas of the coverage limit and of the risk of liability beyond the policy limit. [6] The same day, Jeffrey Luhrsen, an attorney for the claimants, contacted Geico and requested an insurance disclosure in accord with Section 627.4137, Florida Statutes....

...In order to accept this settlement offer, all of our terms must be accepted by performance no later than 12 p.m. on September 11, 2006. All terms are material and time is of the essence. . . . [D]ue to conflicting declaration pages, we must, at a minimum, insist on strict compliance with [Section] 627.4137, Florida Statutes....

...ive for the Vision Insurance Group (Vision), managing general agent for Modern Service Insurance Company, Perez's insurer. The offer stated: I request within thirty (30) days of the date of this letter all the information required by Florida Statute 627.4137....

...ly on May 23, 2001, and most recently in my correspondence dated June 20, 2001. It is apparent that you have done everything within your power, however, for reasons only you know best, your insured is refusing to provide the statement required under Section 627.4137, Florida Statutes....

...the real basis of this settlement and should not be a basis to deny enforcement of the settlement." The term at issue in this case is the requirement that Perez or his insurer disclose the name and coverage of each of his insurers in compliance with section 627.4137. It is undisputed that neither Perez nor his insurer made the requested insurance disclosure. This case is analogous to Cheverie. There, as in this case, the plaintiff had requested the disclosure of the insured's coverage as set forth in section 627.4137 in an offer to settle for policy limits....

...The court further found that the plaintiff's repeated demands for the insurance disclosure indicated that the production of the disclosure was an essential element of an acceptance. The court rejected the insured's argument that the insurance disclosure, as required by section 627.4137, was a "mere `technicality.'" The court reasoned that "by enacting this statute, the legislature recognized the importance of a claimant's access to this type of information in making settlement decisions." Id....

...The disclosure request in Cheverie is identical to that in the offer in this case with the exception that the offer in this case did not expressly request the insurance disclosure. Instead, the offer stated, "I request within thirty (30) days of the date of this letter all the information required by Florida Statute 627.4137." Attached to the offer was a copy of section 627.4137, which provides, in part, that "the insured, or her or his insurance agent, upon written request of the claimant or the claimant's attorney, shall disclose the name and coverage of each known insurer to the claimant." This express reference to section 627.4137 negates Perez's argument that Schlosser's offer did not actually request disclosure of each of his known insurers. Similarly, Perez's argument that he could not have complied because he did not actually receive the request has no merit. Schlosser made the request for disclosure to Perez's insurer in his offer as permitted by section 627.4137, which allows the request to be made to "the insured, or her or his insurance agent." Thus, it is of no moment whether Perez actually received his copy of the offer....

...the essential terms of the offer. Accordingly, the trial court erred in holding that the settlement agreement was enforceable. We therefore reverse and remand for further proceedings. Reversed and remanded. WHATLEY and KELLY, JJ., Concur. NOTES [1] Section 627.4137(1), Florida Statutes (2000), provides that, upon request by a claimant, a liability insurer shall provide a statement, under oath, setting forth certain information regarding each known policy of insurance....

...carefully drafted to ensure that it in no way impairs any claims *738 against any person or company other than the driver and owner of the Hanson vehicle. In reviewing the information that I received in response to my request for the policy under F.S. 627.4137, I notice that I was given only the amendatory endorsements for one policy, and not the actual policy itself or a declarations page for it....

...Also, enclosed is a certified copy of the State Farm insurance policy, with endorsements and declarations page, policy No. 491 0398-C15-591, issued to Cecil and Rebecca Hanson and in effect on the date of the accident. We have also included a supplemental disclosure pursuant to Florida Statutes Section 627.4137....

...The providing of this policy and supplemental disclosure, together with the disclosure statements by Bob Rodriguez and Paul Donald, dated June 21, 2004 and September 22, 2004, respectively, previously provided to you, constitutes full compliance with Florida Statutes, Section 627.4137....

...Maxfield does not assert that the drafts or the form of release enclosed with the May 13 letter fail to comply with the conditions of the settlement. Maxfield contends, however, that the insurance policy and disclosures provided with Hansons' acceptance letter did not comply with the disclosure requirements of section 627.4137(1), Florida Statutes (2005)....

...ts of the subject insurance policy, (2) structuring the release to avoid impairing any claims against "any person or company other than the driver and owner of the Hanson vehicle," (3) delivering a "properly certified policy," and (4) complying with section 627.4137 "in order to confirm that there is no other coverage available to either the owner or driver." The May 13 letter, written on behalf of the Hansons, states that it "accepts your settlement offer made on behalf of your clients in your...

...Accordingly, counsel encloses with the letter two drafts in the amount of $10,000 each; a release seeking to satisfy Maxfield's *740 concerns; documents which he represents to be a certified copy of the subject insurance policy; and documents which, he represents, "constitute[] full compliance with Florida Statutes, Section 627.4137." In arguing that no settlement agreement was reached, Maxfield relies primarily on Cheverie v....

...und constituted an enforceable settlement agreement. 783 So.2d at 1117-18. The district court reversed, however, because it concluded there was no evidence of acceptance of two crucial terms: the language of the release and the affidavit mandated by section 627.4137....

.../or your insureds, or substantial performance or partial performance by you and/or your insureds." 832 So.2d at 180-81. The offer further provided that, as one of its conditions, the defendant provide "all the information required by Florida Statute 627.4137." Id. at 180. In a series of correspondence, the defendant attempted to comply with the conditions of the offer; however, the defendant's insurer refused to provide the statement provided by section 627.4137....

...quidated Claim, 94 A.L.R.2d 504 (1964). We do not address whether any failure to perform occurred or the range of appropriate remedies. REVERSED and REMANDED for further proceedings consistent with this opinion. WOLF and KAHN, JJ., concur. NOTES [1] Section 627.4137(1), Florida Statutes (2005) provides: (1) Each insurer which does or may provide liability insurance coverage to pay all or a portion of any claim which might be made shall provide, within 30 days of the written request of the claima...

...Because there was no basis pleaded or litigated in this case for damages greater than the UM coverage afforded by the insurer, we reverse. Before suit was filed, the attorney for the insureds wrote their motor vehicle insurance carrier, requesting the information specified in section 627.4137....

...umber 79CE1564 into the UM coverage provided by State Farm Mutual Automobile Insurance policy number XXXX-XXX-XXF. We reject these arguments. As with almost all writings, context is critical. Here the insureds' lawyer requested the information under section 627.4137 to facilitate the filing of a lawsuit against State Farm for UM damages....

...No party to a written contract in this state can defend against its enforcement on the sole ground that he signed it without reading it." [c.o.]). If the insureds wanted to confirm what coverage was actually afforded by the umbrella/excess policy, they could have made a request to State Farm *11 Fire and Casualty under section 627.4137 for such information and a copy of the policy....

...As we have just seen, as parties to the contract, they could not be heard to claim a lack of knowledge as to the limits of their own UM coverage. And anyway, they actually had knowledge of such limits from State Farm's presuit response to the letter on their behalf under section 627.4137....

...limits were revealed and agreed to in the record in some form, usually during discovery). On remand, the judgment shall be reduced to UM policy limits of $100,000. Reversed. GUNTHER, J., and DONNER, AMY STEELE, Associate Judge, concur. NOTES [1] See § 627.4137, Fla....

...Fisher immediately sent a letter to Allstate, informing the insurer of his representation of Appellant "in a claim for injuries and damages as a result of [the] accident" with Emel Manavoglu, and requesting certain insurance information pursuant to section 627.4137, Florida Statutes (2007)....

...Fisher extended a written offer to settle Appellant's bodily injury claim. The offer stated that "actual performance [was] required for acceptance" and included three requirements: (1) "a check for all available policy limits"; (2) "all items described in Florida Statutes 627.4137"; and (3) "a general BI release of your insureds, ready for [Appellant's] signature[.]" In response to Mr....

...What constitutes the essential terms of a given contract differs according to circumstances, but they "must include the terms specified in an offer to make a contract." Id. Here, the offer contained three essential terms: (1) a check for the policy limits; (2) the items described in section 627.4137, Florida Statutes; and (3) a "general BI release." That a check for the policy limits was mailed is not in dispute....

...What is in dispute is whether the release provided by Allstate was consistent with the "general BI release" required in the offer; and whether the policy and other insurance documentation provided by Allstate satisfied Appellant's request for "all items described in Florida Statutes 627.4137." Clearly, the release tendered by Allstate did not meet the dictates of the offer....

...t. Also enclosed were proposed releases of all claims. Trout obtained counsel, Ronald K. Zimmet, Jr. ["Zimmet"], who sent a letter to Geico confirming his representation of Trout and requesting that Geico forward a statement, under oath, pursuant to section 627.4137, Florida Statutes, concerning available insurance....

...L. Weekly Supp. 352 (Fla. 9th Cir.Ct.2007). As discussed below, the trial court should have determined that Progressive was entitled to judgment as a matter of law. Subsection 627.736(6), Florida Statutes RMA relies on sections 627.736(6), 627.7401, 627.4137, and 626.9541, Florida Statutes....

..., and rights of parties regarding disputes as to benefits. (Emphasis added). Because section 627.7401 simply provides for form notification of PIP benefits, medical providers are not entitled to obtain policy-specific information under this statute. Section 627.4137, Florida Statutes RMA argues that Progressive has a legal duty to furnish the information under section 627.4137, Florida Statutes (2006). However, because the statute is limited to information regarding liability insurance coverage, and because PIP coverage is not the same as liability coverage, section 627.4137 does not create a legal duty for an insurance company to provide insurance information to an assignee medical provider. Section 627.4137 requires insurers to provide information regarding liability insurance coverage to claimants, as follows: *1207 (1) Each insurer which does or may provide liability insurance coverage to pay all or a portion of any claim which might...

...the claimant or the claimant's attorney, shall disclose the name and coverage of each known insurer to the claimant and shall forward such request for information as required by this subsection to all affected insurers. (Emphasis added). The list in section 627.4137 is nearly identical to the information requested by RMA in this case. As listed above, RMA's demand letters request each of the items listed in section 627.4137 as well as a PIP log....

...Thus, the two are plainly different types of coverage and are not interchangeable terms. The Legislature is presumed to know the plain meaning of terms used in a statute. See, e.g., Dadeland Depot, Inc. v. St. Paul Fire and Marine Ins. Co., 945 So.2d 1216, 1225 (Fla. 2006). In section 627.4137, the Legislature limited the statute to liability insurance coverage....

...The impact of the car’s striking the moving train resulted in Kevin Bryant’s death, as well as serious personal injuries to Eres. Eres’ attorney contacted Villareal’s insurer, asked for the disclosure of insurance coverage information described in section *95 627.4137(1), Florida Statutes (2008), 1 and offered to settle for policy limits....

...By that letter, the attorney advised that he had reason to believe that the coverage Progressive provided had policy limits of $10,000 per person and $20,000 per accident. He asked that the insurer provide the coverage information affidavits required by section 627.4137....

...he terms of the settlement, there was no acceptance and consequently no settlement. 5 *101 As such, the order granting partial summary judgment was properly entered, and we must affirm the final judgment. 6 Affirmed. KELLY and MORRIS, JJ., Concur. . Section 627.4137(1) provides as follows: (1) Each insurer which does or may provide liability insurance coverage to pay all or a portion of any claim which might be made shall provide, within 30 days of the written request of the claimant, a statemen...

...Gira’s claim against the Wolfes was assigned to Jeremy Moore, a claims representative employed by Auto-Owners. In a letter to Moore dated July 14, 2010, Gira’s attorney requested certain information, including “all the statements, documentation, and all of the information required to be disclosed pursuant to Section 627.4137, Florida Statutes, in the manner and form as required by statute.” As discussed below, section 627.4137, Florida Statutes (2010), provides for the disclosure to a claimant of insurance information for the insured....

...The letter further stated that [t]he offer and relevant conditions are as follows: in order to verify that we are receiving all available coverage, Auto Owners must also forward all documents, statements and all information required to be disclosed pursuant to Section 627.4137 Florida Statutes, in the manner and form required by the statute....

...*416 In a letter dated December 20, 2010, Moore enclosed checks for $50,000 and for $440. He indicated his agreement with the corrected release. Further, he stated, “Also,. per your request, enclosed is all information required to be disclosed pursuant to section 627.4137 of the Florida Statutes.” The disclosure of insurance information form again stated that “[o]ther insurance which may be available to the above named insured which is known to Southemr-Owners at this time is as follows.” Again, the area to list other policies was left blank....

...In a letter to Moore dated December 31, 2010, after the time to comply specified in the December 7 letter had expired, Gira’s attorney stated that you have not fully complied with my previous demand letter regarding fulfilling the requirements of Florida Statute § 627.4137 otherwise known as Florida’s Insurance Disclosure Statute....

...the terms of the offer, Gira asserts that the parties did not reach a settlement. We agree. Gira’s settlement offer made it a condition that the insurer provide “all documents, statements and all information required to be disclosed pursuant to section 627.4137” and that the disclosure be “in the manner and form required by the statute.” The offer stated that all conditions stated in the offer were material. Section 627.4137(1) provides that a liability insurer shall provide a statement under oath setting forth certain information regarding each known policy of insurance within thirty days of a written request by a claimant. Section 627.4137(1) further provides as follows: *417 In addition, the insured, or her or his insurance agent, upon written request of the claimant or the claimant’s attorney, shall disclose the name and coverage of each known insurer to the claima...

...2d DCA 2013) (acknowledging that the term “meeting of the minds” traditionally has been used to describe the formation of a contract but noting that “criticism has prompted courts to analyze contracts as requiring a ‘mutuality of assent,’ as a more objective concept”). By enacting section 627.4137, the legislature has recognized the importance of a claimant’s access to the type of insurance information covered in the statute in order for a claimant to make settlement decisions. Cheverie, 783 So.2d at 1119 (determining that production of the policy affidavit required by section 627.4137 was essential to a settlement acceptance and not a mere “technicality” when the plaintiff had made repeated demands for the policy affidavit). This court has also determined that an insurance disclosure in accordance with section 627.4137 was an essential term of a settlement offer in Schlosser, 832 So.2d at 183 . Schlosser made a settlement offer to the insurer that requested “all the information required by ” section 627.4137....

...ter a second request for the information, regarding whether Perez had other policies of insurance. The essential term at issue was “the requirement that Perez or his insurer disclose the name and coverage of each of his insurers in compliance with section 627.4137.” Id. at 182 . This court determined that an express reference to a request for all information required by section 627.4137 constituted a requested disclosure of each of the defendant’s known insurers. Id. at 183 . The statute permits the request for disclosure “to be made to ‘the insured, or her or his insurance agent.’ ” Id. (quoting section 627.4137(1))....

...Therefore, without the acceptance of an essential term of the offer, there was no settlement. Id. Here, Gira’s settlement offer contained in the letter of December 7, 2010, stated that a condition of the offer was the disclosure of all information required under section 627.4137. The letter further stated that all conditions were material. Section 627.4137(1) requires the insurer to provide information upon request regarding each known policy of insurance; it also requires the insured or the insurance agent to disclose each known insurer to the claimant....

...Although Moore, as claims representative for Auto-Owners, may have had a subjective belief that he fulfilled the requirements of the offer, Gira was entitled to an acceptance of the offer that she made, including disclosure of all the information required by section 627.4137....

...ts. In particular, FEP's letter stated: Please note that your response does not include several items previously referenced in our 15-Day Letter dated *968 5/10/04. The information previously sent was blank. Specifically, pursuant to Florida Statute 627.4137, 627.7401, 627.736(6)(d) and/or the policy that covers this loss: 1....

...# 13), plaintiffs claim that they requested a certified copy of the insurance policy from defendant OneBeacon on at least four occasions, beginning on January 17, 2002 (approximately one month prior to February 18, 2002, the date plaintiffs filed their Civil Remedy Notice). ( Id., p. 15.) Under subsection 627.4137(1)(e), Florida Statutes (1993), an insurer is required to provide, among other things, a copy of the insured's insurance policy within thirty days of a *1319 written request by any claimant....

...r oath, of a corporate officer or the insurer's claims manager or superintendent setting forth the following information with regard to each known policy of insurance, including excess or umbrella insurance: ... (e) A copy of the policy." FLA. STAT. § 627.4137(1)(e) (1993)....

...es of the estate of Jacob Dollar in a claim for personal injuries arising out of a jet ski accident which occurred on the above referenced date. We note from the Marine Homicide Report that you had an insurance policy____ Pursuant to Florida Statute 627.4137, undersigned counsel hereby requests, within thirty (30) days of the date of this request, a statement, under oath of a corporate officer, setting forth the following information with regard to each known policy of insurance, including excess or umbrella insurance....

...The complaint was filed by the lead driver involved in a rear-end collision against, among others, the insurance company of the motorist in the rear vehicle. The appellant alleged that the insurance company failed to timely disclose, in violation of section 627.4137, Florida Statutes (2007), that it had agreed to provide coverage for any excess judgment. The parties present valid arguments as to the interpretation of the terms of section 627.4137....

...r might invite a bodily injury claim. Ironically, on the same day that Liberty Mutual closed its file, an attorney wrote a letter to the insurer advising that he represented Shuler and requesting a statement of coverage and a copy of the policy. See § 627.4137, Fla....

...ve sworn statements after receiving a copy of the policy which set forth the obligation to give a sworn statement. See Crown Life Ins. Co. v. McBride, 517 So.2d 660, 661 (Fla. 1987); Allstate Ins. Co. v. Singletary, 540 So.2d 938 (Fla. 2d DCA 1989); § 627.4137, Fla....

...sentation and information request form. Spivey also stated that his clients are "ready" to settle and that she should only communicate with him in writing. (Id.) The second letter requested statutory insurance disclosures pursuant to Florida Statute § 627.4137 within twenty days, conditioning any settlement on receipt of all of the requested insurance information....

...On appeal, Fundora argues that the trial court erred by granting Robert Dangond and Maria Guevara’s Motion to Enforce Settlement Agreement. During litigation, Fundora sent Dangond and Guevara’s insurer, Progressive Insurance Company, a demand letter pursuant to section 627.4137(1), Florida Statutes (2011), which provides that an “insurer which does or may provide liability insurance coverage to pay all or a portion of a claim which might be made shall provide ....

....” (Emphasis supplied). In response, Progressive sent Fundora a letter disclosing only one policy, held by Dangond. Included in the disclosure was a statement “certify[ing] . . . that the contents of this disclosure made pursuant to Florida Statute 627.4137 are true and correct.” Progressive did not disclose any other policies. When Fundora later offered to settle with Dangond and Guevara, Fundora sent Progressive a demand letter, again requesting disclosure of information on additio...

...18, 2008) (“The legislature could not have included the word ‘known’ to impose only an obligation to disclose that insurer’s own coverage information.”). Fundora’s request to Progressive for information on any known policies pursuant to section 627.4137(1) was an essential term of Fundora’s offer to 3 settle with which Progressive failed to comply. See Cheverie v. Geisser, 783 So. 2d 1115, 1119 (Fla. 4th DCA 2001) (holding that the settlement offer was unenforceable because, despite “repeated demands” pursuant to section 627.4137 and clearly establishing that compliance “was a necessary and essential element of any settlement acceptance[,]” the defendant “did not provide [the information] until two months after suit was filed”); Schlosser v. Perez, 832 So. 2d 179, 183 (Fla. 2d DCA 2002) (holding that the insurer’s “fail[ure] to provide the disclosure” in accordance with section 627.4137 rendered the settlement unenforceable because the plaintiff “made it clear that the insurance disclosure was an essential term” and because “the insurance disclosure is an essential term under Cheverie”) Because we...

...e “pretty signifi- cant” and likely exceeded Dunbar’s $10,000 policy limit. The next day, Furman faxed a letter to USAA to notify it that she now repre- sented Ilias. She also requested, “[p]ursuant to Florida Statute § 627.4137,” a sworn statement from USAA providing information regarding Dunbar’s USAA insurance policy, as well as the “name and coverage of any other known insurer.” (emphasis in original). Raymond responded...

...See id. at 6 (citation omitted). Nor are we persuaded by USAA’s other argument to the contrary. USAA says that it cannot have acted in bad faith because Raymond sent Furman an insurance disclosure on August 14 that complied with Florida Statutes § 627.4137....

...By its terms, the statute requires an insurer, upon request, to disclose “the name and cov- erage of each known insurer to the claimant,” as well as “[a] state- ment of any policy or coverage defense which such insurer reason- ably believes is available to such insurer.” Fla. Stat. § 627.4137(1), (1)(d)....

...olicy applies. USCA11 Case: 21-12486 Document: 44-1 Date Filed: 03/14/2023 Page: 21 of 24 21-12486 Opinion of the Court 21 Regardless of whether § 627.4137 generally requires an in- surer to disclose the existence of other insurance policies,1 USAA’s reference to the statute is a red herring....

...To show that USAA’s bad faith con- duct “caused” the excess judgment against Dunbar, Ilias must 1 While the statute speaks of “known insurer[s]” or “known polic[ies]” of in- surance, Florida’s Second District Court of Appeal has at least twice inter- preted § 627.4137(1) to require that an insurer provide a disclosure stating whether its insured has any additional coverage....

...delayed filing suit had GEICO informed him that the insured planned to disclose whether he had additional insurance coverage). USAA’s only answer is essentially a retread of the argument we’ve already rejected concerning Florida Statutes § 627.4137....

...On August 4, 2008, Alexander Clem (“Clem”), Brink’s law- yer in the underlying action, sent Direct General a letter stating that Clem’s firm was representing Brink and requesting that Direct General provide him insurance information as required by Florida law. Fla. Stat. § 627.4137. On August 18, 2008, Direct General sent the insured car owner two letters....

...On November 20, 2008, Direct General sent Clem another letter along with a check for the $10,000 policy limit and a proposed release for Clem’s consideration. There was no response to any of these ef- forts. 2 The superintendent’s affidavit provided the information required by Florida law. Fla. Stat. § 627.4137(1)(a)–(e)....

...It stated the insurer’s name, the insured’s name, and the policy limits. It answered “None” to the following prompt: “A statement of any policy or coverage defense which such insurer reasonably believes is available to such insurer at the time of filing such statement.” Id. § 627.4137(1)(d)....

...Be that as it may, my client is now ready to resolve his claims against your insured for the amounts proposed by your company for the claims being released if the con- ditions for settlement are met. Of course, we previously sent your company a re- quest for information pursuant to 627.4137 of the Florida Statutes, including the statement of your in- sured or his insurance agent, in order to verify the amount of available liability insurance....

...and declarations page. But even after all this time, I still have not re- ceived the disclosure statement from your insured or his insurance agent. Naturally, we need a complete set of your company’s information under 627.4137 Florida Statutes before our client can settle, and a statement from your in- sured, if possible, so please send that to me at your earliest convenience....

...8 ANDERSON, J., Concurring in part & dissenting in part 21-11070 all of your company’s efforts to obtain it by sending me copies of all of your company’s letters to your in- sured requesting that he provide the statement re- quired under 627.4137 of the Florida Statutes. As far as my client’s uninsured motorist and medical payments claims, we will need to have language in the release that preserves my client’s rights to recover those benefits....

...Most critically here, Macaluso demanded that Progressive’s acceptance release only the insured, Villareal, and expressly prohibited “hold harmless” and “indemnity” provisions: “[M]y clients cannot agree to a release which has a hold harmless or indemnity agreement in it.” 1 In relevant part, Fla. Stat. § 627.4137 requires an insurer, within 30 days of a written request, to provide “(a) The name of the insurer[;] (b) The name of each insured[;] (c) The limits of the liability coverage[;] (d) A statement of any policy or coverage defense which suc...

...with her parents, six-year-old Paola Garza was struck and killed by a “Super Yellow Cab” operated by Y.O.C.A. Radio Communications (Y.O.C.A.). Paola Garza’s parents, Francisco and Grizelda Garza, retained an attorney who requested, pursuant to section 627.4137, Florida Statutes (2008), disclosure of the policy limits of any insurance coverage applicable to the taxicab’s owner and driver from Y.O.C.A....

...On or about January 10, 2008, Plaintiff gave a proper notice of covered loss and made a specific request for a copy of the UM rejection. On January 24, 2008, Plaintiff again requested a copy of the UM Rejection Form from Defendant. However, Defendant failed to provide this document. 9. Section 627.4137, Florida Statutes, reads, to wit: 627.4137 Disclosure of certain information required.— 1) Each insurer which does or may provide liability insurance coverage to pay all or a portion of any claim which might be made shall provide, within 30 days of the written request of the claiman...

...a copy of the UM Rejection. 11. As a result of Defendant's failure or refusal to respond to Plaintiff's numerous requests for a copy of the UM Rejection, Plaintiff has been placed in doubt as to his right under Florida Statutes, Sections 627.736 and 627.4137, and the Policy, to obtain this information upon request and Defendant's obligation to provide this required information....

...The trial court heard argument on the parties' competing motions. At the close of the hearing, the trial court denied Petitioner's motion and granted final judgment for Respondent. A review of the hearing transcript reveals that the court was particularly persuaded by Respondent's contention that section 627.4137, Florida Statutes, did not include the UM rejection letter as one of the items required to be produced by a liability insurer upon the request of a claimant....

...and it is further The determination of the Court that no basis exists for any further declaratory relief, that no basis exists for any monetary recovery of a policy benefit, that no obligation exists to produce any UM/UIM form under Florida Statute § 627.4137 (2007) and it is THEREFORE ORDERED AND ADJUDGED that the parties to this action shall go hence, without day, and that FINAL JUDGMENT be and is hereby entered in favor of Defendant 21st CENTURY INSURANCE COMPANY OF CALIFORNIA....

...not apply. Further, relying on this Court's opinion in Progressive American Ins. Co. v. Rural/Metro Corp., 994 So.2d 1202 (Fla. 5th DCA 2008), Respondent characterized UM coverage as a "first party benefit," not a liability coverage, suggesting that section 627.4137, Florida Statutes, did not apply....

...of the circuit court's appellate decision and fees award. The metamorphosis of this declaratory judgment in the course of the proceedings below is unfortunate because the decision actually made by the county court—that Petitioner had no right under section 627.4137, Florida Statutes, to receive, presuit, a copy of the signed UM rejection form from Respondent upon Petitioner's request for same—is an interesting one. As to the issue actually addressed on appeal, however, we reject the court's conclusion that the confession of judgment doctrine cannot apply in a case where a party entitled to items specified in section 627.4137, Florida Statutes (2007), was denied them until after filing suit to enforce its rights....

...fall of 2004 and offered to settle it. On May 25, 2005, Osting-Schwinn’s attorneys sent a settlement offer to the syndicates, offering to release all claims in exchange for a check for the full policy limits and the information disclosures required by Fla. Stat. § 627.4137....

...3 2010 Ford Crown Victoria was not listed on the schedule of covered autos on the Ascendant policy. Ascendant denied coverage for the loss, sent reservation of rights letters, and noted this in its insurance disclosure response under section 627.4137, Florida Statutes. Shortly thereafter, Fojon filed suit against Ferdinand, USA Taxi, and Taxi Runner, Inc....

...Berk, on May 31, 2005, accepted the offer and agreed with all material terms therein. (Dkt. 87, ¶ 21; Dkt. 132, ¶ 2). Defendant maintains that Plaintiffs' failure to fully comply with all material conditions of the settlement — namely Fla. Stat. § 627.4137 — prevents the legal consummation of a binding agreement....

...73), and Plaintiffs filed a Motion for Summary Judgment on January 22, 2007, (Dkt. 97). The Court denied each and set forth two disputed issues of fact for the fact-finder to resolve. (Dkt. 118). First, whether Plaintiff satisfied the requirement under Fla. Stat. § 627.4137 to disclose all known insurers. Second, whether Keith Utermark, as president of the American Shield Insurance Group, had the authority under Fla. Stat. § 627.4137 to provide the information enumerated therein on Plaintiffs' behalf....

...The parties argue that "the Court committed clear error in ruling that the two issues referenced in the Court's Order are issues of fact." (Dkt. 132, p. 4). The dispute rests on whether a binding settlement agreement exists between the parties. The settlement agreement required Plaintiff to fully comply with Fla. Stat. § 627.4137....

...d. In the interest of justice the Court will reconsider the parties' motions in hope of putting this dispute to rest. See generally, Broadway v. City of Montgomery, 530 F.2d 657 (5th Cir.1976). It is undisputed that "full compliance" with Fla. Stat. § 627.4137 was a material element of the settlement agreement between the parties....

...could potentially affect the rights of the parties. See Liberty Lobby, Inc., 477 U.S. at 248, 106 S.Ct. 2505. The two issues before this Court can only be answered by examining an insurer's statutory obligations under the statute. Indeed, Fla. Stat. § 627.4137(1) enumerates not only the information an insurer must provide when so requested, but also the manner is which it must be provided....

...aimants with all known information pertaining to insurance coverage. Beginning with insurers, the statute requires disclosure of certain information with respect to "each known policy of insurance, including excess or umbrella insurance." Fla. Stat. § 627.4137(1) (emphasis added)....

...Prupis, 529 U.S. 494, 506, 120 S.Ct. 1608, 146 L.Ed.2d 561 (2000); Morgan v. Illinois, 504 U.S. 719, 738, 112 S.Ct. 2222, 119 L.Ed.2d 492 (1992). Moreover, an insurer must provide the "name of each insurer" with respect to "each known policy." Fla. Stat. § 627.4137(1)....

...The statute provides an alternative medium through which a claimant may obtain the information — the insured or the insured's insurance agent. The last paragraph in the subsection requires the insured "upon written request ... [to] disclose the name and coverage of each known insurer to the claimant." Fla. Stat. § 627.4137(1)....

...Plaintiffs motion for summary judgment will be granted if the Court finds that Plaintiff satisfied its obligation to send a sworn copy of its own policy. On the contrary, if the affidavit does not comply with the statute, then summary judgment for Defendant is proper. See Fla. Stat. § 627.4137(1). B. Keith Utermark's Affidavit Complied with Fla. Stat. § 627.4137....

...Specifically, Defendant argues that Mr. Utermark is not a proper person to authenticate Plaintiffs policy under the statute. (Dkt. 132, p. 13). Plaintiff does not argue that Mr. Utermark is "a corporate officer or the insurer's claims manager or superintendent." See Fla. Stat. § 627.4137....

...4th DCA 1969) (holding that Fla. Stat. § 627.0127, now § 627.428, applies to surplus line insurers). Prior to this Motion, however, Plaintiffs acted in such a manner indicating that they were subject to the statute's provisions. By agreeing to fully comply with Fla. Stat. § 627.4137, Plaintiffs agreed to act in a manner consistent with a statutory provision that may be otherwise inapplicable....

...t and shall forward such request for information as required by this subsection to all affected insurers. The insurer shalL then supply the information required in this subsection to the claimant within 30 days of receipt of such request. Fla. Stat. § 627.4137(1) (emphasis added). [2] No Florida court has squarely addressed whether Fla. Stat. § 627.4137(1) imposes a duty on the insurer to provide information pertaining to other potential insurers when the request is sent directly to the insurer and not the insured....

...aking settlement decisions" without directly addressing the issue). [3] The later submission of Duncan Smith's affidavit, although not dispositive, indicates Plaintiffs' willingness to at least provide a certified copy of the policy under Fla. Stat. § 627.4137.