White v. Ascendant Commercial Insurance, Inc.
An injured passenger settled with a school board tortfeasor for $175,000 cless than the $200,000 retained/available liability limit cand then sought UM benefits from his employer's carrier. The Third DCA affirmed summary judgment for the UM carrier, holding the school board was insured (its $200,000 self-insured retention under a risk retention group policy did not make it a self-insurer under section 627.727(3)), and that the insured's failure to exhaust the tortfeasor's limits meant UM coverage was never triggered.
Key facts
- Injured passenger settled with school board tortfeasor for $175,000, which was less than the school board's $200,000 retained liability limit under a risk retention group policy.
- Passenger then sought uninsured motorist (UM) benefits from his employer's UM carrier, claiming the school board was effectively uninsured or underinsured.
- +2 more key facts with a free trial
Why it matters
Useful for UM coverage litigation involving self-insured-retention governmental or corporate tortfeasors: counsel can cite it for the proposition that an SIR does not equal self-insurance under section 627.727(3)… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.