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 bodily injury liability limits. The law provides that an insurer can offer UM limits at a level lower than the bodily injury limits, if the insurer obtains a written request for the lower UM limits.
Allied states that our client’s husband signed a request for lower UM limits when he bought the Nationwide policy. However, Florida Statute Section 627.727 says that the "insurer" must obtain a written request for the lower limits. Nationwide is not the "insurer" for this accident, and Allied does not possess a written request that it provide lower UM limits. Allied steadfastly relies on the Nationwide UM selection form.
I filed suit today seeking a judicial declaration that Allied is required to provide our client with $100,000 in uninsured motorists limits. If I am successful, Allied will have to pay our fees and costs, and if I lose, I’ll work for free.