Supreme Court of Florida
John Rando, Appellants v. Government Employees Insurance Company, Appellee
April 8, 201035 Fla. L. Weekly Supp. 201
Summary
The Florida Supreme Court held that the anti‑stacking provision in the Randos’ Delaware automobile insurance policy is unenforceable because GEICO failed to obtain the required informed consent under §627.727(9) of the Florida statutes. Applying the lex loci contractus rule, the Court determined Florida law governs the policy and that §627.727(9) mandates an insurer‑approved form to validate such limitations. Accordingly, the Court answered the certified question in the negative and remanded the case to the Eleventh Circuit. Two dissenting justices argued that §627.727(9) does not apply to policies covering vehicles not registered in Florida and would answer the question affirmatively.