Uninsured / Underinsured Motorist
Posted May 14, 2012
Uninsured Motorist, Stacking, Insurance—
Travelers Comm. Ins. Co. v. Harrington,
37 FLW D1140c (Fla. 1st DCA May 10, 2012)
First DCA Finds That UM Policy Provision That Excludes From Definition Of Uninsured Motor Vehicle Any Vehicle Available
For Regular Use Of Any Family Member Conflicted With Mandatory UM Provisions Of 627.727(3)
And Was Invalid And Also That Signed Rejection Of Stacking UM Limits By One Named Insured Was Not Valid To Prevent Stacking By
Other Family Members - Certifies Both Questions To Florida Supreme Court
Posted February 27, 2012
Uninsured Motorist Coverage, Insurance Coverage—
Trout v. Apicella,
37 FLW D492a (Fla. 5th DCA, Feb. 24, 2012)
Fifth DCA Finds That Policy Provides Separate Coverage For Trailer And Truck,
When Trailer Not Listed As Insured Vehicle On Policy And Not Owned By Named Insured And That Trailer Can Be An
Uninsured Motor Vehicle For Purposes Of Recovering UM Benefits
Posted October 13, 2011
UM Coverage—
Allstate Ins. Co. v. Adrabi,
36 FLW D2208b (Fla. 3rd DCA Oct. 5, 2011)
Third DCA Rejects Claim That Insured Can Recover UM Benefits For Injuries Sustained When
Insured Vehicle Was Carjacked And Insured Was Forced To Occupy The Trunk
Posted February 21, 2011
Uninsured Motorist Insurance—
Ruddy v. Carelli,
36 FLW D377b (Fla. 5th DCA Feb. 18, 2010)
Fifth DCA Joins Fourth And Third In Finding That UM Policy Condition Requiring Insured To Join Tortfeasor In Litigation Is
Contrary To Public Policy And Void
Posted February 17, 2011
Uninsured Motorist—
Mitleider v. Brier Grieves Agency, Inc.,
36 Fla. L. Weekly D346a (Fla. 4th DCA, Feb. 16, 2011)
According to Fourth DCA, Insured May Not Seek Payment Of UM Compensation Against Insurer Or Insurance Agent After Any Of The
Insureds Have Executed Valid Statutory Waiver Of UM Benefits, Even If Agent Allegedly Negligently Misrepresented Coverage
Posted December 14, 2010
Uninsured Motorist—
Saris v. State Farm Mut. Auto. Ins. Co.,
35 Fla. L. Weekly D2626a (Fla. 4th DCA Dec. 1, 2010)
Fourth DCA Invalidates UM Policy Provision Requiring Plaintiff To Sue Tortfeasor As Condition Of UM Coverage
Posted December 13, 2010
UM/UIM Coverage—
Nieves v. N. River Ins. Co.,
35 Fla. L. Weekly D2592a (Fla. 4th DCA, Nov. 24, 2010)
Fourth DCA Holds That Excess Insurer Complied With 627.727(2) Statutory Requirement That It "Make Available"
Uninsured/Underinsured Motorist Protection Where It Provided Insured With The excess UM/UIM Coverage,
Upon The Condition That The Insured Purchase UM/UIM Coverage Under Its Primary Policy
Posted April 1, 2010
Uninsured Motorist—
Wolf v. Progressive American Ins. Co., ,
35 Fla. L. Weekly D732b (Fla. 1st DCA, March 31, 2010)
Auto Insurance (UM): First DCA Interprets UM Statutory Renewal Clause To
Require Only Annual Notice Of UM Coverage Option, Even On Policies That Renew Every Six Months
Posted December 3, 2009
Uninsured/Underinsured Motorist Coverage—
Bueno v. Workman, 34 FLW D2227 (Fla. 4th DCA Oct. 28, 2009)
Fourth DCA Reverses Dismissal Based On Estoppel, Waiver Or Election Of Remedies,
Where Plaintiff Recovered UM Benefits Claim As Theory Of Liability Against Tortfeasor -
Remanded For Evidentiary Hearing On Claim Of Fraud On The Court