Allen v. U.S. Automobile Assoc., No. 14-13478 (11th Cir. 2015)
Annotate this CasePlaintiffs filed suit against USAA, seeking to recover a portion of their insurance premium payments because they would have elected to pay for building ordinance and law (BOL) insurance covering only 25% of their home's value. On appeal, plaintiffs challenged the dismissal of their complaint. The court agreed with the district court that the plain language of Florida Statutes 627.7011(2) does not require an insurer to obtain a policyholder’s written consent on a form approved by the Florida Office of Insurance Regulation before issuing BOL coverage greater than 25%. Further, Florida Statutes 627.418(1) bars plaintiffs' suit because the only remedy available for providing extra insurance coverage is to enforce the contract as written. In this case, plaintiffs freely contracted to buy 50% coverage, that is exactly what they received, and no legal basis exists for reducing their premium payments. Accordingly, the court affirmed the judgment.
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