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. 

In GEICO Indemnity Company v. Kutasha, ____ So.3d ____ (Fla. 1st DCA March 10, 2010), Shazier rented a car from Avis.  Shazier then loaned the car to Jordan.  Jordan crashed the Avis rental car.  Multiple parties sued Shazier, Jordan and Avis for injuries and death. 

Shazier had rented the car when her vehicle was down for

In Lloyds Underwriters v. Keystone Equipment Finance Corp., 25 So3d 89 (Fla. 4th DCA 2009), the insured obtained an insurance policy from Lloyds providing liability coverage on a commercial tractor-trailer.  The policy’s effective date was November 30, 2004.  The tractor-trailer was stolen December 18, 2004.  The policy provided coverage for loss due to theft, but Lloyds denied the claim, relying on a "Garaging or Secured Yard Warranty" contained in the policy.  This garaging warranty required the insured to "warrant" that the vehicle would be kept in a closed garage, in an enclosed 24-hour guarded lot, or parked adjacent to the insured’s residence.  A breach of this warranty "shall result in denial of claim or any rights of recovery hereunder." 

The insured sued Lloyds for breach of contract alleging that Lloyds was estopped from relying, or waived its right to rely, upon the garaging warranty because Lloyds had failed to comply with the notice and delivery requirements of Florida Statutes Section 627.421 and 626.922, and the insured had not otherwise been provided notice of the garaging warranty.  Section 627.421 requires delivery of the insurance policy not more than sixty days after effectuation of coverage.  Section 626.922 requires the surplus lines agent to "promptly issue and deliver to the insured" either the policy or, if the policy is not "then available, a certificate, cover note, or other confirmation of insurance" showing, amount other things, "coverage, conditions, and term of insurance."  Section 626.922(1).  Section 626.922(4) provides that "[a] copy of the policy or cover note or confirmation of insurance shall be delivered to the insured within 60 days after the effectuation of coverage." 

The insured provided an affidavit wherein he swore that the loss occurred on December 18, 2004, that he had not received a copy of the binder or policy prior to the loss, and that he had not otherwise received written or verbal notice of the garaging warranty.  The insured did file a copy of the binder issued by the insurance agent, bearing a date of January 2, 2005, and the Lloyds’ policy, listing February 9, 2005, as the date printed on the schedules of equipment and drivers. 

Lloyds did not dispute these facts, but merely argued that Florida law expressly provides that the doctrines of estoppel and waiver may not be applied to create coverage that does not otherwise exist. 

The trial court granted summary judgment in favor of the insured.  On appeal, the 4th DCA affirmed.Continue Reading Lloyds Estopped from Asserting “Garaging Warranty” by Failing to Deliver Policy

I filed suit today against Auto Gap Insurance Company for failing to pay benefits under a gap insurance policy.  My client purchased gap insurance when she purchased her car.  (Gap insurance is intended to pay a borrower for the "gap" between what is owed on a vehicle and the market value of the vehicle in

My client’s vehicle was involved a horrendous motor vehicle accident.  Within hours of the accident, he claimed that his car had been stolen after leaving the keys in the trunk.  Months later, he pled guilty to criminal charges of leaving the scene of the accident with injuries and death. 

GEICO insured my client and the vehicle for the accident.  My

Cabellero was driving a company vehicle on the job when he crashed, killing himself and injuring Bautista, a co-employee.  Bautista sued Caballero’s estate for his personal injuries.  Mercury Insurance, the employer’s commercial auto carrier, brought a declaratory judgment action against Bautista seeking a declaration that an exclusion precluded coverage under its policy. 

Cross motions for summary judgment were filed. 

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

Today, in Massie v. Progressive Express Insurance Company, ____ So.3d ____ (Fla. 1st DCA November 17, 2009), the Circuit Court sitting in its appellate capacity reversed the trial judge’s order awarding a multiplier.  The Circuit Court reversed because the insured did not testify that she had difficulty securing counsel to represent her in the cause without