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Blog Posts in Uninsured Motorist

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  • Fifth DCA rules that where two UM policies provided coverage for the same loss, one of which provided pro rata coverage and the other pure excess coverage, the pure excess provision controlled

    On July 24, 2020, in Progressive Express Insurance Company v. Ferris, et al., No. 5D19-1967, the Florida Fifth DCA reversed a trial court ruling in a case involving a dispute between insurance companies ...

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  • Florida Fourth DCA rules that Florida UM statute prohibiting “duplication” of benefits to an insured from other specified sources includes other UM policies; defendant UM insurer was entitled to set off for payment to insured from another UM carrier

    On June 24, 2020, in Liberty Mutual Insurance Company v. Wolfson, No. 4D18-3652, the Florida Fourth DCA reversed a trial court’s final judgment ...

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  • Florida Second DCA withdraws previous opinion and reverses position, finding that insurance policy that provided “basic liability coverage” for relative of insured triggered entitlement to UM coverage

    On June 19, 2020, in Owners Insurance Company v. Allstate Fire and Casualty Insurance Company, No. 2D18-2309, the Florida Second DCA withdrew a previous opinion ...

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  • Florida First DCA rules that insured was prohibited from recovering non-stacked benefits under UM policy after electing stacked benefits under separate UM policy

    On April 27, 2020, in Hoffman v. Progressive Insurance Company, No. 1D19-1218, the First DCA affirmed a trial court ruling that the plaintiff was not entitled ...

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  • Florida Supreme Court holds that insurer which issued collector vehicle insurance policy could not limit UM coverage to accidents involving occupancy of the collector vehicle without informed consent of the insured

    On December 19, 2019, in American Southern Home Insurance Company v. Lentini, No. SC18-320, the Florida Supreme Court resolved a conflict between the Second and Fifth DCAs, ruling that an insurer ...

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  • Florida Third DCA rules that plaintiff’s UM insurance did not provide coverage for injuries she suffered in mobile gym operated out of truck

    On October 30, 2019, in Deutsch v. Geico General Insurance Company, No. 4D18-2714, the Florida Fourth DCA affirmed a trial court order granting summary ...

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  • Florida Second DCA rules that where motor vehicle insurance policy did not provide liability coverage for insured’s resident relative, there was no corresponding requirement to provide UM coverage for relative

    On October 25, 2019, in Owners Insurance Company v. Allstate Fire and Casualty Insurance Company, et, al, No. 2D18-2309, the Florida Second DCA reversed a trial court’s entry of a summary judgment ...

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  • Florida Second DCA reverses trial court ruling that plaintiff was covered under her sister’s Uninsured Motorist policy; because rental car was not a “covered auto,” plaintiff was not an “insured person” entitled to coverage under the policy

    On May 15, 2019, in Progressive American Insurance Company v. Pawelczyk , No. 2D18-1651, the Florida Second DCA reversed a trial court’s ruling that the plaintiff in a declaratory judgment action was ...

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  • Florida Second DCA rules that standard State Farm UM policy language permissibly excludes coverage for injuries sustained by household family members in vehicles for which UM coverage has not been purchased.

    On October 5, 2018, in State Farm v. Lyde, No. 2D17-1014, the Florida Second DCA ruled that the standard policy language in State Farm Policy Form 9810A permissibly precluded a family member living in ...

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  • Florida Fourth DCA rules GEICO's online form to elect non-stacked UM coverage invalid under Fla. Stat. Section 627.727, precluding possibility of oral waiver by insured

    On April 25, 2018, in Jervis v. Castaneda and Geico General Insurance , No. 4D17-332, the Florida Fourth DCA ruled that Geico’s online form to elect non-stacked coverage was invalid under Fla. Stat. ...

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  • Florida Second DCA rules that UM insurer's exclusion of golf cart as "uninsured motor vehicle" was invalid when liability provisions of policy covered use of non-owned golf carts

    On January 17, 2018, in Amica Mutual Insurance Company v. Willis , No. 2D16-2319, the Florida Second DCA affirmed a trial court’s summary judgment in favor of an insured in a declaratory judgment ...

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  • Florida First DCA rules that service of UIM complaint on Florida Chief Financial Officer commenced 90-day waiting period for service of proposal for settlement

    On January 3, 2018, in Markovits v. State Farm , No. 1D17-1623, the Florida First DCA ruled that commencement of the 90-day waiting period for filing a proposal for settlement under Section 768,79(1) ...

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  • Florida First DCA affirms trial court determination that UIM contract provision extending coverage to unemancipated children of insured included insured's daughter at college

    On January 2, 2018, in State Farm v. Hawkinson , No. 1D16-5692, the Florida First DCA affirmed a partial summary judgment entered in favor of the plaintiff in an UIM case in which the plaintiff, the ...

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