Uninsured Motorist Lawyer Blog

Class Action Against GEICO for UM Not Certified

Class Action Against GEICO for UM Not Certified

Car Accidents

In the case of Coccaro v. GEICO (Case Number 4D19-3665) and Brown-Peterkin v. Williamson (4D19-2950)(November 12, 2020), Florida’s Fourth DCA did not certify that a class action case against GEICO for electronic UM rejections that do not comply with Florida law. Importance...

Multiple UM Settlements Result In Setoff Against Jury Verdict

Multiple UM Settlements Result In Setoff Against Jury Verdict

Car Accidents

In the case of Liberty Mutual v. Jeffrey H. Wolfson, Case Numbers 4D18-3652 and 4D19-118 (Fla. 4th DCA June 24, 2020), Florida’s Fourth DCA held that there is a setoff for settlements when a plaintiff is covered by more than one UM policy. What Happened In The...

Policy Providing Bodily Injury Must Also Provide UM

Policy Providing Bodily Injury Must Also Provide UM

Car Accidents

In the case of Owners Insurance Company v. Allstate Fire and Casualty Insurance Company and James M. Horne, Jr., Case Number 2D18-2309 (Fla. June 19, 2020), Florida’s Second DCA held that a policy providing an insured with bodily injury coverage must also provide uninsured...

Mobile Gym Is Not Considered An Uninsured Vehicle

Mobile Gym Is Not Considered An Uninsured Vehicle

Car Accidents

In the case of Natalie S. Deutsch v. GEICO General Insurance Company, Case Number 4D18-2714 (Fla. 4th DCA October 30, 2019), Florida’s Fourth DCA held that a mobile gym operated out of the back of a truck was not considered an uninsured vehicle for purposes of UM...

Passenger Denied UM Coverage While Occupying A Rental Vehicle

Passenger Denied UM Coverage While Occupying A Rental Vehicle

Car Accidents

In the case of Progressive American Insurance Company v. Nancy N. Pawelczyk, Case Number 2D18-1651 (Fla. 2d DCA May 15, 2019), Florida’s Second DCA held that a passenger in a rental vehicle was not insured for UM benefits because a temporary substitute auto was not considered...

Tender Of UM Benefits Must Occur Within 60-Day Window After CRN

Tender Of UM Benefits Must Occur Within 60-Day Window After CRN

Car Accidents

In the case of Serenity Harper v. GEICO General Insurance Company, Case Number 2D17-4987 (Fla. 2nd DCA March 1, 2019), Florida’s Second DCA held that the 60-day time (see section 624.155, Fla. Stat.) to cure an insurer violation runs from the date of electronic submission of...

UM Motorcycle Exclusion Held To Be Ambiguous

UM Motorcycle Exclusion Held To Be Ambiguous

Motorcycle Accidents

In the case of Jesse Anthony Eckols v. 21st Century Centennial Insurance Company, Case Number 5D17-2904 (Fla. 5th DCA December 7, 2018), Florida’s Fifth DCA held that the UIM exclusion while riding a motorcycle in the plaintiff’s automobile policy was ambiguous and,...

Remittitur And How To Correct An Error By The Jury

Remittitur And How To Correct An Error By The Jury

Car Accidents

In the case of Nieves v. State Farm Mutual Automobile Insurance Company, Case Number 5D17-893 (Fla. 5th DCA May 25, 2018), State Farm challenged all of the damages awarded to the plaintiff with a “remittitur” and ends up getting a new trial just on the narrow issue of the...

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