Saturday, October 17, 2009

Eleventh Circuit Certifies Question Relating To Section 627.404(4), Florida Statutes To Florida Supreme Court

In Wayne Atkinson v. Wal-Mart Stores, Inc. (09-12973), the Eleventh Circuit certified a question to the Florida Supreme Court relating to the standing of a personal representative to bring an action pursuant to section 627.404(4), Florida Statutes.  The opinion began:
In July 2008, the Florida Legislature amended § 627.404 of the Florida Statutes to provide that an insured or his or her personal representative may sue for benefits paid under an insurance contract procured by a party lacking an insurable interest in the insured. Fla Stat. § 627.404(4) (2008). The prior version of this statute contained no such cause of action. See Id. § 627.404 (1991). The question presented in this case is whether § 627.404(4) is retroactively applicable and thus confers standing upon the personal representative of an insured. Because this involves an interpretation of a Florida statute, we certify the controlling question to the Florida Supreme Court.


Post a Comment