WEDNESDAY, OCTOBER 8, 1997

Style: Strochak v. Federal Insurance Company, No. 90,298

Facts: Rita Strochak was injured in an automobile accident and made a claim foruninsured motorist benefits under an excess personal liability insurance policy. Theinsurer denied coverage. Upon suit being filed, the U.S. District Court granted summaryjudgment for the insurer on the ground that Mrs. Strochak's late husband had rejectedexcess uninsured motorist benefits when applying for the policy. On appeal, Mrs.Strochak argued that when she moved from New Jersey to Florida and first garaged hercar in Florida, the insurer was required by Florida law to make uninsured motoristcoverage available. The insurer's position was that this requirement was complied withwhen the policy was first obtained and that the policy had been in force continuouslysince then. The U.S. Court of Appeal found that the issue of the insurer's compliancewith Florida law is a question of Florida law on which there is no controlling precedentand so certified the question to the Florida Supreme Court.
Issues:
(1) Whether Florida law applies to this dispute.
(2) Whether the insurer was obliged to provide the claimant an opportunity to obtain orreject excess uninsured motorist coverage when she moved to Florida.