Lawsuit Filed Against Auto Insurer for Improperly Cancelling Insurance and then Denying Claim
My client pays cash for his automobile insurance. He makes his payments to his insurance agent. After being involved in a very serious multi-vehicle accident, his car insurance company told him that it had canceled his insurance for non-payment of premium before the accident.
My client has records showing that his payments were in fact made. Further, the insurance company has been unable to produce a copy of the a cancellation notice. Pursuant to Florida Statute Section 627.728, an insurer must provide its insured with a 10 day cancellation notice prior to canceling insurance for non-payment of premium. My client insists he did not receive a cancellation notice, and, as noted, the insurance company cannot provide one. Pur. 627.728, the insurance company must also produce a United States Postal Proof of Mailing form in order to prove it properly canceled the insurance. In this case, the insurance company cannot produce the proof of mailing either.
I filed suit today against the insurance company for breach of contract. I included a counts for
- declaratory relief,
- failing to pay the damages caused in the accident,
- loss of use of his vehicle, and
- increased expenses in the future for the increased costs of having to buy insurance after a cancellation. (After a cancellation, future insurance companies will charge a higher premium because of the prior cancellation).
As a lawyer representing car owners, I have handled many cases against automobile insurers for improper cancellations. In almost all of those cases, if I win, the insurance company will be responsible for my attorneys fees and costs, and if I lose, I'll work for free. Initial consultations are always free.
