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Articles Posted in Car Accident

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Florida Court Holds Insurer Has No Duty to Defend Rental Car Lessee’s Permitee Following Car Accident

In Allstate Fire and Casualty Ins. Co. v. Paolino, an automobile insurance company issued a liability policy to a couple beginning in July 2011 and terminating on December 25, 2011. The policy listed four motor vehicles and provided bodily injury coverage up to $250,000 for each person and $500,000 per…

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$1 Million Florida Jury Verdict Overturned After Irrelevant and Prejudicial Evidence Admitted in Car Accident Case

In Hurtado v. DeSouza, a man filed a personal injury claim against another driver after the motorist allegedly struck his stopped vehicle from behind at a traffic light.  Following the apparently minor crash, the man filed a personal injury action in a Florida court against the driver who hit his…

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Florida Appeals Court Refuses to Overturn Jury Verdict in Wrongful Death Lawsuit Where Decedent Was Not Wearing a Seat Belt

In Jones v. Alayon, a Florida driver was hit from behind by an off-duty police officer in a rear-end automobile collision. As a result of the impact, the man’s automobile struck a guard rail and rolled.  The motorist was ejected from his car, and he landed on the roadway.  Tragically,…

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Florida Court Refuses to Dismiss First-Party Bad-Faith Claim Filed Against Auto Insurer

In Baham v. Property & Casualty Insurance Co. of Hartford, a motorist was involved in a traffic wreck that was apparently caused by another driver. At the time of the crash, the at-fault driver carried $25,000 in bodily injury liability insurance. Since this amount was allegedly insufficient to cover the…

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Tampa Federal Court Holds Insurer Did Not Commit Bad Faith Following Motorcycle Accident

In Rodriguez v. Integon Indemnity Corp., a motorcycle rider was seriously injured in a motor vehicle collision. At the time of the crash, the at-fault driver carried bodily injury insurance with a liability limit of up to $100,000 per person and $300,000 per incident. The day after the traffic wreck,…

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Florida’s Second District Overturns Punitive Damages Award Where Evidence Did Not Demonstrate a Reckless Disregard for Human Life

In L.E. Myers Co. v. Young, a business contracted with a Florida utility company to install several new power poles in Manatee County, Florida. As part of the contract, the business was tasked with installing four 85-foot-long concrete poles that weighed about 21,000 pounds each along a Bradenton street in compliance…

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Not All Evidence is Admissible in a South Florida Car Accident Case

In Frost v. McNeilus, two defendants admitted to liability for a Florida motor vehicle collision that resulted in injuries to a plaintiff. Although the parties came to an agreement regarding the amount of past medical bills the plaintiff was entitled to receive, they disagreed about her future medical expenses as…

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Florida Supreme Court Says Auto Insurer Issued New Policy When it Changed the Sole Named Insured in UM Benefits Dispute

The Supreme Court of Florida has resolved a conflict between two District Courts of Appeal in an uninsured motorist insurance dispute. In Chase v. Horace Mann Insurance Co., a man purchased motor vehicle insurance with bodily injury liability limits of $100,000 per person and $300,000 per accident from an insurance…

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First District Court of Appeal in Florida Overturns Summary Judgment in Favor of Auto Insurer Despite That Applicant Made Material Misrepresentations

In Echo v. MGA Insurance Co., Inc., a Florida woman purchased an automobile using another individual’s name. Despite doing so, she obtained a motor vehicle insurance policy on the vehicle in her own name. In her application, the woman stated she was the owner of the insured vehicle and the…

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Florida Appeals Court Holds Employer May Select Different UIM Policy Limits for its Insureds

In Germany v. Darby, a Florida man was hurt in a work-related motor vehicle collision that was caused by an uninsured driver. At the time of the traffic wreck, the man was driving a car that was owned by his employer. The employer carried an underinsured and uninsured motorist (“UIM”)…

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