My clients were injured in a motor vehicle accident. Before the accident, they wisely took out substantial automobile insurance to protect them, including coverages for bodily injury liability, uninsured motorists coverage, personal injury protection, and medical payments. As a result of the accident, they incurred medical expenses. These medical expenses were properly submitted to their … Continue Reading
In Waters v. Miller, ____ F.3d ____ (11th Cir. April 15, 2009), Waters was rear-ended by Miller’s tractor-trailer on November 29, 2005. At the time of the accident, Miller was hauling cars from Florida to Georgia. Miller carried commercial vehicle insurance with Progressive Express Insurance Company. Progressive denied the claim asserting that the policy period was September … Continue Reading
Our client bought car insurance from Nationwide. A few years later, Nationwide transferred the insurance to Allied insurance, a subsidiary of Nationwide. Later, our client was injured in an automobile accident caused by an underinsured motorist. Allied has stated that there is only $10,000 in UM available under the Allied policy. Our client has $100,000 in … Continue Reading
In United Automobile Insurance Company v. Palm Chiropractic Center, Inc., a/a/o Thomas, ____ So.3d ____ (Fla. 4th DCA 2010), the PIP insurer sent the insured for a compulsory medical examination. Based on the results of the CME, the PIP insurer advised the insured’s medical provider that it would not pay for any further chiropractic care. The … Continue Reading
In Saris v. State Farm Mutual Automobile Insurance Company, ____ So.3d ____ (Fla. 4th DCA 2010), Saris carried uninsured motorists insurance with State Farm. The insured was injured by a underinsured / uninsured motorist. The insured did not pursue a claim against the person who caused the accident, but instead filed an uninsured motorists claim against State Farm… Continue Reading
Mr. and Mrs. Yeates were severely injured when the vehicle Mrs. Yeates was driving was struck head-on by a livestock truck owned by Bingham Livestock. The Yeateses sued Bingham Livestock and the truck driver. Bingham Livestock carried two insurance policies, one issued by State Farm and one issued by Carolina Casualty. State Farm tendered its … Continue Reading
In Geico Indemnity Company v. Physicians Group, LLC, a/a/o Paul Androski, ____ So.3d ____ (Fla. 2nd DCA August 13, 2010), the 2nd DCA ruled that the PIP fee schedules which went into effect on January 1, 2008, do not apply to any accidents that occurred before that date. The opinion was fairly short and straightforward. Specifically, … Continue Reading
My client is a truck driver. He was asked to deliver a load to North Carolina. When he tried to attach the trailer to his own truck, the trailer would not properly attach. The company which asked him to deliver the load then provided him with a truck to deliver the load. Unfortunately, my client was … Continue Reading
My client owns an HVAC business and insures his business and two vehicles through Infinity Insurance. His son had an accident while driving one of his business vehicles. The son rarely drives that vehicle. There was damage to the company vehicle, and claims have been presented against the HVAC business for damages. Infinity denied the … Continue Reading
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. … Continue Reading
In GEICO Indemnity Company v. Kutasha, ____ So.3d ____ (Fla. 1st DCA March 10, 2010), Shazier rented a car from Avis. Shazier then loaned the car to Jordan. Jordan crashed the Avis rental car. Multiple parties sued Shazier, Jordan and Avis for injuries and death. Shazier had rented the car when her vehicle was down for … Continue Reading
In Lloyds Underwriters v. Keystone Equipment Finance Corp., 25 So3d 89 (Fla. 4th DCA 2009), the insured obtained an insurance policy from Lloyds providing liability coverage on a commercial tractor-trailer. The policy’s effective date was November 30, 2004. The tractor-trailer was stolen December 18, 2004. The policy provided coverage for loss due to theft, but Lloyds … Continue Reading
I filed suit today against Auto Gap Insurance Company for failing to pay benefits under a gap insurance policy. My client purchased gap insurance when she purchased her car. (Gap insurance is intended to pay a borrower for the "gap" between what is owed on a vehicle and the market value of the vehicle in … Continue Reading
My client’s vehicle was involved a horrendous motor vehicle accident. Within hours of the accident, he claimed that his car had been stolen after leaving the keys in the trunk. Months later, he pled guilty to criminal charges of leaving the scene of the accident with injuries and death. GEICO insured my client and the vehicle for the accident. My … Continue Reading
Cabellero was driving a company vehicle on the job when he crashed, killing himself and injuring Bautista, a co-employee. Bautista sued Caballero’s estate for his personal injuries. Mercury Insurance, the employer’s commercial auto carrier, brought a declaratory judgment action against Bautista seeking a declaration that an exclusion precluded coverage under its policy. Cross motions for summary judgment were filed. … Continue Reading
I filed suit today on behalf of a client against Florida Farm Bureau for improperly canceling her automobile insurance. In order to properly cancel automobile insurance, an insurer must strictly comply with Florida Statute Sections 627.728, 627.7281 and 627.7283. My client was involved in an accident, and submitted the claim for Florida Farm Bureau. Florida … Continue Reading
My client is insured with Allstate automobile insurance. She was in a one car accident, which resulted in body damage to the car, and the destruction of her clutch. Allstate agreed to pay for the body damage, but refused to pay for the clutch. I filed suit today to try to force Allstate to pay … Continue Reading
In Central Magnetic Imaging Open MRI of Plantation, Ltd a/a/o v. State Farm Fire and Casualty Insurance Company, ____ So.3d ____ (Fla. 4th DCA November 18, 2009), State Farm received an MRI bill on one of its PIP insureds. State Farm sent the MRI bill and its PIP insured’s medical records to be reviewed by its own physician to … Continue Reading
Today, in Massie v. Progressive Express Insurance Company, ____ So.3d ____ (Fla. 1st DCA November 17, 2009), the Circuit Court sitting in its appellate capacity reversed the trial judge’s order awarding a multiplier. The Circuit Court reversed because the insured did not testify that she had difficulty securing counsel to represent her in the cause without … Continue Reading
In United Automobile Insurance Co. v. Garrido, a/a/o Rodriguez, ____ So.3d ____ (Fla. 3d DCA October 28, 2009), the 3rd once spoke on the circumstances under which a PIP insurer can withdraw future PIP benefits. According to the 3rd, a ‘valid report,’ even where appropriately required under section 627.736(7)(a) [i.e. when withdrawing future benefits - as opposed to denying … Continue Reading
In United Automobile Insurance Company v. Garrido, a/a/o Alarcon, ____ So.3d ____ (Fla. 3rd DCA October 28, 2009), United Auto – a PIP insurer – denied payment for past services rendered by Dr. Garrido to the insured. United Auto did not first obtain a written report from a physician saying that the denied charges were not reasonable, necessary … Continue Reading
In United Automobile Insurance Company v. Santa Fe Medical Center, ____ So.3d ____ (Fla. 3d DCA October 7, 2009), the medical provider took an assignment of PIP benefits from its patient. Santa Fe submitted bills to United Auto for treatment rendered, and United Auto denied payment claiming that the treatment was not reasonable, necessary or related … Continue Reading
On May 28, 2009, I blogged on Diaz-Hernandez v. State Farm Casualty Insurance Company, ____ So.3d ____, (May 27, 2009), wherein the 3rd DCA held that: the provision in the UM policy, requiring the Insured to join the uninsured motorist in the lawsuit filed against the UM carrier, State Farm, is against public policy, we reverse the … Continue Reading
In United Automobile Insurance Company v. Metro Injury & Rehab Center, ___ So.3d ___ (Fla. 3rd DCA July 29, 2009), the PIP insurer withdrew PIP benefits based on a peer review of the treating doctor’s records. Those records contained information concerning physical examination(s) which the treating physician performed on the insured. The county court granted summary judgment against … Continue Reading
