DEISON v. PROGRESSIVE AMERICAN INSURANCE COMPANY (1998)

District Court of Appeal of Florida,Fourth District.

David DEISON, individually, David Deison, as surviving parent and natural father of David John Deison, Jr., deceased, and Amy Elizabeth Deison, deceased, Appellants, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Kristi Deison, individually, Kristi Deison, as surviving parent and natural mother of David John Deison, Jr. and Amy Elizabeth Deison, deceased, Appellees.

No. 97-3746.

Decided: June 03, 1998

Michael J. Ferrin, West Palm Beach, for appellant. Hinda Klein of Conroy, Simberg & Ganon, P.A., Hollywood, for Appellee Progressive American Insurance Company.

We affirm the trial court's entry of summary judgment. Because the employer of Appellant, David Deison, is the named insured and Appellant is the listed driver, his children do not qualify as insureds under the language of either the uninsured motorist coverage under the policy, or section 627.727, Florida Statutes. See Pearcy v. Travelers Indem. Co., 429 So.2d 1298, 1298-99 (Fla. 3d DCA 1983). Therefore, proof that the employer knowingly rejected or reduced uninsured motorist coverage for the children was unnecessary. See § 627.727(1), Fla. Stat. (1997).

PER CURIAM.

STONE, C.J., and FARMER and GROSS, JJ., concur.

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