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
In Saris v. State Farm Mutual Automobile Insurance Company, ____ So.3d ____ (Fla. 4th DCA 2010), Saris carried uninsured motorists insurance with State Farm. The insured was injured by a underinsured / uninsured motorist. The insured did not pursue a claim against the person who caused the accident, but instead filed an uninsured motorists claim against State Farm.Continue Reading 4th DCA Agrees that UM Insured Does Not Have to Sue At-Fault Driver Before Suing for UM Benefits
On May 28, 2009, I blogged on Diaz-Hernandez v. State Farm Casualty Insurance Company, ____ So.3d ____, (May 27, 2009), wherein the 3rd DCA held that:
the provision in the UM policy, requiring the Insured to join the uninsured motorist in the lawsuit filed against the UM carrier, State Farm, is against public policy, we reverse the
In Diaz-Hernandez v. State Farm Casualty Insurance Company, ____ So.2d ____ (May 27, 2009), the court was asked to resolve the following issue:
We must decide whether the provision in State Farm’s UM policy, which requires the Insured to file suit against the known uninsured motorist and State Farm, is against the public policy of the
In Metropolitan Casualty Insurance Company v. Tepper, 34 FLW S111 (Jan. 30, 2009) the Florida Supreme Court resolved a direct conflict between the 5th DCA and the 2nd DCA concerning when an uninsured motorists carrier can begin a subrogation action against the at-fault driver/owner.
In general, under Florida Statute Section 627.727, if the insured…