By virtue of a divorce decree, Lovallo was the equitable owner of a ten-year, renewable, term life insurance policy her former husband purchased from Jackson. Lovallo states that she notified Jackson that she was the equitable owner of the policy, and that in spite of this notice, Jackson did not notify her at the expiration of the 10 years that the policy was set to expire. If she had been provided notice, she could have renewed the policy. Her former husband died shortly after the policy expired.
The 1st DCA "assume[d] without deciding" that Lovallo had all the rights of any owner of the policy. (The court cited several cases that supported this assumption). But, then held that as an owner, Lovallo was not entitled to notice that the policy was expiring. There court noted that was nothing in the policy itself that required the insurer to give notice that the policy was expiring and could be renewed, and there was no statute that required such notice. The court noted that statutory notice of the ability to renew is required with regard to many different types of insurance, such as, automobile, worker’s comp, marine, property, and casualty insurance, but that no such notice is required with regard to life insurance. See, Jackson National Life Insurance Company v. Lovallo, ____ So.2d ____ (Fla. 1st DCA May 4, 2009).