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The ruling applies to crashes or other damages that occur in Florida. It was unanimous, but Chief Justice R. Fred Lewis agreed only with its result. He wrote that the majority’s sole reliance on where a policy is issued may result in unintended consequences.

The opinion quashed a 2nd District Court of Appeal decision to permit a lawsuit under Florida law against Bloomington, Ill.-based State Farm for a claim on an Indiana policy.

The Supreme Court said only Florida citizens, not visitors or part-time residents, can claim the benefits of Florida law under out-of-state insurance policies and only then if necessary to “promote a paramount public policy.”

“Although Florida welcomes its many visitors, whether for short or extended stays, we cannot rewrite their out-of-state contracts,” Justice Raoul Cantero wrote for the high court.

The decision will prevent Lake Wales residents Thomas and Margaret Roach, who were injured in 2001 while riding in a neighboring couple’s Indiana-insured car, from suing State Farm for underinsured motorist compensation under Florida law.  Florida auto insurance law does not permit offsets.

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