Q: Does the FL 627.7288 mean that the deductible doesn’t apply for the rear windshield as well?
My dad’s back windshield was hit by a fruit or a rock or something and it was smashed. He called the insurance and they said they would cover it if it was the front windshield but because it is the back the back then the deductible still applies. I was reading the law and it says motor vehicle glass and since it doesn’t specify it only says windshield I wasn’t sure if this meant that it applies to both windshields or only the front?
Good question. That section reads as follows:
627.7288 Comprehensive coverage; deductible not to apply to motor vehicle glass.—The deductible provisions of any policy of motor vehicle insurance, delivered or issued in this state by an authorized insurer, providing comprehensive coverage or combined additional coverage shall not be applicable to damage to the windshield of any motor vehicle covered under such policy. History.—s. 1, ch. 79-241; s. 2, ch. 81-318; ss. 547, 563, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 15, ch. 90-119; s. 114, ch. 92-318; s. 5, ch. 97-178.
Note.—Former s. 627.7378.
What happened here was a sloppy job by the drafter of the latest version of the act, and the legislature passed it with a summary that says "glass" and with the text of the act limiting it to "windshield". As you can see in the legislative history at the bottom, this section was amended several times between 1979 and 1997, which may account for the contradiction; maybe it once was applicable to non-windshield glass, then changed. What counts is the text of the act, not the first line summary, which is a reference tool; therefore, a Court most likely would say it applies only to the windshield, which is the glass only at the front. Fla. Statutes contain many such instances of poor draftsmanship.
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