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Libby v. Government Employees Insurance Co.6/12/1989
he amount of coverage selected and the insured's location, and requesting that the insured indicate on the form the amount of coverage desired and return the form if he wanted to make a change. The evidence reflects that GEICO's purpose in sending its pre-renewal questionnaire to an insured 70 to 90 days prior to expiration of his
or her policy is to update information in its files that would affect the premium rate, e.g., accidents, traffic violations, addition or deletion of operators or vehicles, change in the use of the insured vehicle. The questionnaire specifically stated that it was to "help us develop the most accurate rating classification." Enclosing the M-9 form as a "stuffer" in the questionnaire package was a reasonable method (a "commercially reasonable" method, according to Jacobson v. Illinois Farmers Ins. Co., supra) of giving notice to the insured of the available opportunity to increase his uninsured motorist coverage. We do not believe that the inclusion of additional "stuffers" advising the insured of the availability of other insurance from GEICO in any way detracted from the reasonableness of the notification.
Appellant argues that the M-9 form and other "stuffers" were not sent out at renewal time, when he would be likely to pay attention to them, but three months before renewal time, which was not reasonable notice to him. We disagree. The questionnaire package was a pre-renewal mailing, specifically designed to obtain information pertinent to renewal of the policy. Appellant clearly recognized the importance of the questionnaire with regard to policy renewal. He filled it out and returned it promptly. It was therefore particularly appropriate to use that opportunity to advise Libby of the availability of additional coverage so any change in coverage could be included in the new policy.
Appellant asserts that Judge Cave agreed that it was natural and reasonable for Mr. and Mrs. Libby to overlook or ignore the M-9 form and the other "stuffers." We do not read Judge Cave's remarks as going quite that far. But even if there had been an express finding that appellant's conduct was not unreasonable, our holding would not be affected. The question is whether the insurer gave reasonable notice that the opportunity to contract for additional coverage was available, not whether the insured was negligent in overlooking that notice.
III
Since we hold that GEICO did not breach its statutory duty to make available to its insureds an opportunity to contract for uninsured motorist coverage in excess of the $20,000/$40,000 minimum, not to exceed the limits of the liability coverage, we find it unnecessary to determine whether reformation of appellant's policy would have been an appropriate remedy if there had been a breach of duty.
JUDGMENT AFFIRMED.
COSTS TO BE PAID BY APPELLANT.
Disposition
JUDGMENT AFFIRMED. COSTS TO BE PAID BY APPELLANT.
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