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.