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 Farm Bureau denied the claim, asserting that it had canceled her insurance prior to the accident. However, to the extent that Florida Farm Bureau attempted to cancel the policy, it did not comply with the above statutes, and therefore coverage was in force at the time of the accident.
After the accident, my client was required to obtain insurance with another insurer. That insurer charged a much higher premium rate because of the alleged cancellation. (Whenever applying for insurance, the new insurer asks whether the proposed insured has ever been canceled, or non renewed. If so, they charge a higher rate for the new policy.) This higher premium rate usually lasts about 10 years after the cancellation/non-renewal. In addition to other damages, I am seeking reimbursement of this increased premium rate as part of my client’s damages in this case.
As with most of these cases against my client’s own insurer, the insurance company must pay my fees and costs if I win, and if I lose, I’ll work for free. I will keep you posted.