I have blogged here ad nauseam about the continual conflict between insurance companies and their insureds over claims. While carriers insist upon receiving premium payments timely, their all too common approach to the claims process is delay and deny. Carriers have at their disposal a bag of tools designed to…
Articles Posted in Insurance Law
Jeffrey P. Gale, P.A. // Injured Motorcyclists Benefit From Florida Uninsured/Underinsured Motorist (UM) Coverage
Motor vehicle bodily injury (BI) insurance compensates for economic and non-economic damages caused by the insured at-fault driver and vehicle owner. The amount available under any particular policy is capped by the coverage limits chosen by the insured. BI coverage is not mandatory in Florida. The insured must pay a…
Florida Bad Faith Insurance Law: Citizens Property Insurance Corp. Responsible to Real Citizens
Florida Statute 624.155 provides a civil remedy for persons damaged by an insurer’s failure to settle claims in good faith. The remedy can include an award of damages in excess of the insured’s policy limits, attorney’s fees and litigation costs. This threat is the spur that motivates insurance companies to…
Purchase a Defense Attorney With Florida Bodily Injury (BI) Vehicle Insurance
Bodily Injury (BI) insurance sold in Florida covers the insured for damages caused by his or her negligence up to the policy limits. The minimum coverage limit is $10,000, but can be in the millions. Inexplicably, BI insurance is not mandatory in Florida. Only PIP and Property Damage Liability are…
Florida Vehicle Accident Law: Parental & Guardian Vicarious Liability for Minor
This link contains an overview of permit and license standards in Florida for drivers between the ages of 15 and 17. Florida Statute §322.09(1)(a) requires an authorized adult (e.g., parent or guardian) to sign and verify the minor’s application. In turn, §322.09(2) makes the adult jointly and severally liable for…
Florida UM (Uninsured Motorist) Coverage Means What it Says
Many people, including some personal injury lawyers, believe that UM insurance always provides coverage when the insured is not at fault and there is no other insurance to cover the losses. This is wrong. When the driver of an uninsured or underinsured (UIM) vehicle causes an accident, UM/UIM should kick…
The Pre-Suit Settlement Demand Package in Florida Personal Injury Cases
Insurance companies operating in Florida are under a legal duty to adjust claims in good faith to prevent their insureds from being subject to excess judgments (a court judgment in excess of a policy’s liability limit). A carrier that fails to act in good faith may be forced to satisfy…
Jeffrey P. Gale, P.A. // Types of Florida Motor Vehicle Insurance
Florida law requires every owner or registrant of an operable personal use motor vehicle to maintain Personal Injury Protection and Property Damage – Liability insurance. See Florida Statute 627.733 Required security. While other types of coverage are available under the standard Florida motor vehicle insurance policy, these are the only two that are mandatory. While premiums are charged for the…
Surprising Application of Uninsured/Underinsured Motorist (UM) Crash Coverage for Florida Insureds
Understanding Florida motor vehicle insurance law can be puzzling. The various coverage options include Personal Injury Protection (PIP), Bodily Injury (BI), Comprehensive/Collision, Property Damage Liability, and Uninsured/Underinsured Motorist (UM/UIM). Presently, only PIP and Property Damage Liability are mandatory in Florida. Neither of these coverages compensates the victim of an accident…
Factors in Florida Insurance Contract Rescission Cases
Whenever an insured makes a claim, one of the first things every insurance company does is try to figure out ways to deny the claim. Common methods are to assert that the loss is not covered under the policy or that the insured has failed to cooperate with the carrier.…