Uninsured Motorist Blog | Daytona Beach Injury Attorneys

Florida Second DCA rules that trial court erred in allowing insured under State Farm UM policy to benefit from policy stacking provisions when stacking was affirmatively rejected as part of policy renewal process June 1, 2021

On May 21, 2021, in State Farm Fire and Casualty Insurance Company v. Wilson, No. 2D19-4046, the Florida Second DCA reversed a trial court ruling that the insured under an uninsured motorist (UM) insurance policy was entitled to UM coverage for injuries sustained while riding a motorcycle not listed as a covered vehicle...

Florida Fourth DCA rejects class action certification for Geico policyholders who allegedly executed online waivers of UM coverage December 8, 2020

On November 12, 2020, in Coccaro v. Geico General Insurance Company, No. 4D19-3665, the Florida Fourth DCA affirmed the trial courts’ denial of class certification...

Florida Second DCA rules that prevailing party’s recovery of attorney’s fees in bad faith action includes fees from underlying UM action December 8, 2020

On November 13, 2020, in Milling v. The Travelers Home and Marine Insurance Company, No. 2D18-4724, the Florida Second DCA reversed a trial court ruling...

Florida Fifth DCA rules that advance payment by UM insurer to insured operated as a set-off from judgment in UM case September 10, 2020

On August 21, 2020, in Solomon v. State Farm, No. 5D18-3920, the Florida Fifth DCA ruled that a “good faith payment” made as an advance payment to the plaintiff ...

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 August 06, 2020

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 ...

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 July 08, 2020

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 ...

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 July 08, 2020

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 ...

Florida First DCA rules that insured was prohibited from recovering non-stacked benefits under UM policy after electing stacked benefits under separate UM policy May 12, 2020

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 ...

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 January 17, 2020

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 ...

Florida Third DCA rules that plaintiff’s UM insurance did not provide coverage for injuries she suffered in mobile gym operated out of truck December 04, 2019

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 ...

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 June 10, 2019

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 ...

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 June 10, 2019

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 ...

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. October 26, 2018

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 ...

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 July 9, 2018

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. ...

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 January 25, 2018

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 ...

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 January 9, 2018

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) ...

Florida First DCA affirms trial court determination that UIM contract provision extending coverage to unemancipated children of insured included insured's daughter at college January 9, 2018

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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