Florida Auto Case Law: Metropolitan v. Tepper, Florida Supreme Court, 2009

This case involves interpretation of section 627.727, Florida Statutes (2004), and the timing of an underinsured motorist (UM) insurer’s subrogation lawsuit.  The Florida Supreme Court "expressly held that the statute of limitations for the bringing of a UM subrogation action—which cannot be brought until "final resolution of the underinsured motorist claim"—begins to run from the time of the final resolution of the UM claim. We disapprove of the decision of the Second District in Dominion of Canada, which is in conflict with this holding as to the time that the statute of limitations begins to run."

 

Supereme Court of Florida, No. SC07-2428: METROPOLITAN CASUALTY INSURANCE COMPANY, Petitioner, vs. ROBERT TEPPER, et al., Respondents. [January 30, 2009]

To read the full case, click here.

 Florida Statutes 2009 section 627.727(6)(b) now reads: "(b)  If an underinsured motorist insurer chooses to preserve its subrogation rights by refusing permission to settle, the underinsured motorist insurer must, within 30 days after receipt of the notice of the proposed settlement, pay to the injured party the amount of the written offer from the underinsured motorist's liability insurer. Thereafter, upon final resolution of the underinsured motorist claim, the underinsured motorist insurer is entitled to seek subrogation against the underinsured motorist and the liability insurer for the amounts paid to the injured party."

 

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