My client was sued for negligence in the administering of medication. My client’s professional liability policy has offered to defend under a reservation of rights. At the same time, the insurer, Interstate Insurance, filed a declaratory judgment action against my client seeking to void the policy and deny coverage.
On behalf of my client, I have rejected the defense under the reservation of rights, and have agreed to litigate the declaratory judgment action against Interstate.
One of the main issues in the case is whether my client made a material misrepresentation in his application. If so, then the insurer will be allowed to void the policy under Florida Statute Section 627.409. I will be working to show that there was no material misrepresentation.
As with most cases of this type, if I win, the insurance company must pay my fees and costs, and if I lose, I’ll work for free. In either event, there will be no out-of-pocket costs for my client.