Florida Insurance Blog

Florida Insurance Blog

Providing Insight Into Florida Insurance Law and Litigation

Mark A. Nation is a civil trial lawyer who limits his practice to wrongful death, personal injury, and insurance cases. He is a member of the Million Dollar Advocates Forum whose members must have settled one or...MORE

Category Archives: Insurance Coverage – General

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Interstate Trucking and the MCS-90 Endorsement

Posted in Insurance Coverage - General, MCS-90
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

Lawsuit Filed Against Agent for Failing to Properly Explain Coinsurance Penalty

Posted in Insurance Coverage - General
Agents have a special obligation to properly explain the implications of a coinsurance penalty in regards to his or her client’s insurance needs.  Most insureds have no idea what a coinsurance penalty is, or how it works.  It is vitally important for agents to fully explain the coinsurance penalty to every insured.  The risk of a total loss … Continue Reading

Victory in the Eleventh Circuit Concerning Coverage and Extra-Contractual Damages

Posted in Business Insurance, Declaratory Judgment Actions, Insurance Coverage - General
In an earlier blog concerning this case, I noted we represented two large car dealerships who had been sued in major class actions.  Universal Underwriters Insurance Company insured both dealerships.  The dealers asked Universal Underwriters to defend and indemnify them for the claims in the class actions. Universal agreed to defend the claims, but advised that … Continue Reading

Major Victory of National Significance for The Nation Law Firm – Insurance Coverage in Class Actions Covering Multiple Years

Posted in Insurance Coverage - General
The Nation Law Firm represents two large car dealerships who had been sued in major class actions.  Universal Underwriters Insurance Company insured both dealerships.  The dealers asked Universal Underwriters to defend and indemnify them for the claims in the class actions. Universal agreed to defend the claims, but advised that even though the class actions … Continue Reading

Amica Mutual Ranked Number 1 Auto Insurer

Posted in Insurance Coverage - General
For the ninth year in a row, J.D. Power & Associates ranked Amica Mutual highest in customer satisfaction among auto insurance companies. The annual study ranks customer satisfaction based on five factors: interaction with policyholder, policy offerings, billing and payment, price and claims. Amica was followed by State Farm, Erie Insurance, Auto-Owners, American National Property … Continue Reading

The Nation Law Firm Files Class Action Suit Against Florida Insurer

Posted in Class Action, Insurance Coverage - General
The Nation Law Firm has recently filed a class action lawsuit against Blue Cross Blue Shield of Florida, Inc.  Initially, the Nation Law Firm had sued the Florida Insurance Company for failing to reimburse our client for medical expenses she incurred from two separate back surgeries.  The client sought highly specialized, minimally invasive laser disc ablation as … Continue Reading

Coverage Dispute and Belated Request did not Waive Appraisal

Posted in Appraisal, Insurance Coverage - General
The Martin County Circuit Court recently decided that an insurer did not waive the “binding appraisal” provision of its policy by disputing coverage and by not requiring appraisal until after suit was filed.  Further, although the claim involved a hurricane claim, the court determined that waiver under Section 627.7015 did not apply, since the policy at issue … Continue Reading

Federal Court Holds No Attorney’s Fees for Merely Establishing Coverage

Posted in Attorney's fees, Insurance Coverage - General
    It seems axiomatic that when an insured has to institute litigation against its insurance company to determine whether or not insurance coverage exists, and insurance coverage is found to exists, the insured should be entitled to attorney’s fees pursuant to Section 627.428, Fla. Stat.  However, as seen by a recent Federal Court decision, such is not always the … Continue Reading

All-Risk Policies in Florida

Posted in Insurance Coverage - General
Most commercial property, and homeowners dwelling policies in are considered “all-risk” policies. “The term all-risk is given a broad and comprehensive meaning.” Wallach v. Rosengerg, 527 So.2d 1386, 1388 (Fla. 3rd DCA 1988). “The purpose of an all-risk policy is to protect against all risks except those expressly excluded.” Fayad v. Clarendon National Insurance Company, … Continue Reading