South Florida Injury Lawyer Blawg
The state’s high court recently issued an opinion in a case that arose out of a fatal Florida motorcycle accident. In this case, the motorcycle driver’s estate filed a claim with his uninsured motorist (UM) benefits under his home insurance company policy issued on a collector vehicle. The insurance company denied coverage, arguing that the policy contained a provision that limited the UM benefits to accidents involving the collector vehicle. The family appealed the ruling to Florida’s Supreme Court, arguing that the insurance policy did not comply with section 627.727, Florida Statutes, which prohibits insurance companies from placing limitations on UM coverage, such as the one at issue.
The insurance company argued that the Florida statute does not apply to specialty insurance policies. However, the plaintiffs contended that the statute provides that insurers may offer non-stacking coverage if the insurer notifies the policyholder of the limitations and executes an approved form expressly electing non-stacking coverage. Further, although the statute provides certain exceptions to the statutory limit, the law states explicitly that, “no motor vehicle liability insurance policy shall be delivered in this state unless UM vehicle coverage is provided.” Moreover, the statute allows for limited UM coverage if the policyholder did not purchase it.
Here, the court found that nothing in the statute excludes collector or antique vehicles, the limiting language in the collector vehicle policy violates the law, and the plaintiff did not reject the UM coverage, and he instead selected stacking UM coverage. Ultimately, because the insurance policy did not comply with Florida’s statutory requirements regarding UM limitations, the court found in favor of the plaintiff.
This case is a prime example of the issues that many policyholders have when seeking coverage through their insurance companies. In many instances, Florida insurance companies will unlawfully deny coverage to avoid hefty payouts to policyholders. It is essential that Florida injury victims who are facing difficulties obtaining coverage or collecting compensation from an at-fault party contact an attorney to ensure that their rights are protected and enforced.
Florida car accident victims who cannot recover for the damages they sustained may face life-long medical and financial difficulties. Insurance companies are in the business of risk, and it is only fair to hold them to the terms of their policies, especially in light of the suffering that serious car accidents can cause.
Have You Suffered Damages After a Florida Car Accident?
If you or someone you know has suffered severe injuries and financial consequences after being involved in an accident with a negligent Florida driver, you may be entitled to monetary compensation. The reputable attorneys at the Law Offices of Robert Dixon have successfully advocated on behalf of Florida car accident victims and recovered significant compensation on their behalf. The attorneys at our law firm have the skills and experience required to tackle these complicated cases. We possess the knowledge and resources to go against all types of defendants, including big insurance companies who are engaging in bad faith business practices. Contact our office at 877-499-4878 to schedule a free initial consultation with an attorney at our law firm.