Insurance Issues

Florida Homeowner Successful in Bad Faith Claim Against Insurance Company

Published on: September 17, 2020 | by Friedman, Rodman & Frank, P.A.

Recently, an appellate court issued its opinion in a bad faith claim homeowners filed against their home insurance company. According to the court’s opinion, the homeowners filed a claim with their insurance company after suffering losses from Hurricane Irma. The insurance company investigated the claim and determined that the homeowners’ loss was $3,013.20. In response, the homeowners provided the insurance company with their public adjustor’s estimate of their losses. According to the insurance agreement, the insurer began the appraisal process. The policy contained provisions that either party could demand an appraisal if the parties failed to agree to the amount of loss. Further, the policy included a provision that homeowners could not file a lawsuit unless the parties fully complied with the policy’s terms.

The homeowners filed a civil remedy notice of insurer’s violation (CRN), alleging that the insurance company breached its duty to settle the claims in good faith. They argued that the company was given notice of the severity of the homeowners’ losses, and the opportunity to inspect the property. The homeowners contended that, despite this opportunity, the insurer failed to identify the full extent of losses. As such, they filed a complaint based on Florida’s bad faith statute.

Under Florida Statutes, section 624.155, policyholders maintain a civil remedy for an insurance company’s bad faith. The claim applies in situations that an insurer failed to act reasonably, honestly, and in good faith to settle claims. Florida law requires plaintiffs to provide the Florida Department of Financial Services and the insurer with written notice of a violation. The CRN notice must include specific statutory violations, relevant facts and policy provisions, and a statement asserting the plaintiff’s right to pursue a civil claim. The statuary requirements to a Florida bad faith insurance claim require the claimant establish that the insurer was liable for coverage, the policy holder’s damages, and compliance with the notice requirements. The statute does not bar an insured from sending a CRN before a determination of liability or damages.

What Is a Letter of Protection in a Florida an Uninsured Motorist Claim?

Published on: August 30, 2020 | by Friedman, Rodman & Frank, P.A.

When a person is injured in a car accident and does not have insurance, they often encounter many issues while filing a claim. One such tool plaintiffs will use in this instance is a letter of protection. In Florida, a letter of protection is used by a person without insurance to obtain medical services in exchange for part of their insurance settlement claim. In a recent Florida appellate court case, the court was tasked with deciding whether a jury could have determined the credibility of a doctor who testified under a letter of protection after he made conflicting statements. Ultimately, the court decided that there was enough information presented during the trial for a jury to be able to assess the doctor’s credibility.

According to the court’s opinion, the plaintiff suffered various injuries, most prominently her right knee, in a car accident. The driver who caused the accident did not have car insurance. Because of this, the plaintiff filed a claim against her uninsured motorist insurance, to cover the costs of the accident. The payment dispute was regarding a prior knee injury; the plaintiff had previously hurt her knee, which was rendered permanently injured after the accident. However, the plaintiff’s doctor claimed that the plaintiff had stopped feeling pain in her knee prior to the accident, while the defendant, as well as evidence from the plaintiff’s own testimony, indicated this was not true.

In this case, the plaintiff was given treatment under a letter of protection. While many are unaware of it, a letter of protection can be extremely beneficial to those without insurance. A letter of protection is a document sent by an attorney on a client’s behalf to a health-care provider when the client needs medical treatment but does not have insurance. Generally, the letter explains that the client is involved in a court case, and in exchange for deferred payment of medical services, the health-care provider will receive part of the settlement or award.

The Applicability of the Set-Off Defense in Florida Car Accident Claims

Published on: July 29, 2020 | by Friedman, Rodman & Frank, P.A.

In a recent opinion, an appellate court in Florida addressed the applicability of the set-off defense after a car accident victim filed a claim for damages with an insurance company. The plaintiff suffered injuries when an uninsured motorist crashed into his car, resulting in serious physical and property damage to the plaintiff. In response, the plaintiff filed a claim with his insurance company under the uninsured/underinsured (UIM) provision in his policy. The insurance company denied the claim, and the plaintiff filed a lawsuit for breach of contract.

A jury determined that the plaintiff was entitled to damages for his loss of earnings, medical expenses, and pain and suffering. Subsequently, the insurance company contended that the trial court erred in failing to set off duplicated benefits that the plaintiff obtained from other sources. The defendant asked the court to set off from the damages award, the amount of any settlements the victim received that duplicated any part of the verdict.

The court analyzed Florida’s set-off rules and concluded that the trial court should amend the verdict to reflect the duplication. After a car accident, injury victims may obtain benefits from more than one source for a single accident or claim. This often occurs when the negligent motorist or their insurance company settles or pays out damages for a portion of the victim’s losses. In most cases, the settlement amount specifies what exactly the payout covers. For example, the settlement amount may specify that the payments are for medical benefits or lost wages. Although, Florida’s laws allow double recovery, there are restrictions when there is a duplication of benefits.

Florida Bad Faith Insurance Disputes Regarding Homeowner’s Claims

Published on: May 25, 2020 | by Friedman, Rodman & Frank, P.A.

Recently, the United States Court of Appeals for the Eleventh Circuit issued an opinion addressing issues that commonly occur in insurance coverage disputes between Florida homeowners and insurance companies. In this case, a couple in a neighboring state discovered that a home they recently purchased was infested with brown recluse spiders. After attempting to remedy the infestation, the couple bought a homeowners’ policy from an insurance company. The relevant provisions in the policy indicated that the company would provide coverage against the “direct loss to property,” in cases where there was a physical loss to the home. The policy enumerated exceptions to the coverage, including damages that were the result of “birds, vermin, rodents, or insects.” The insurance company cited that provision in their notice denying the homeowner’s claim.

In response to the denial, the homeowner’s filed a breach of contract lawsuit against the insurance company, alleging that the company was engaging in bad faith. They contended that the spiders presented a deadly risk and infested the entire home, rendering it unsafe for occupancy. They claimed that the insurance policy’s exclusionary provision did not apply because brown recluse spiders are not insects or vermin but rather arachnids.

Under Florida law, insurance companies must engage in good faith practices when reviewing a policyholder’s claim. Insurance companies must acknowledge the receipt of a claim, promptly investigate claims, respond to inquiries, not unnecessarily hinder progress, and offer valid and specific reasons for any denials or delays. In many instances, insurance companies cite specific provisions in the policy to support their decision. However, in some cases, this interpretation may be incorrect.

What Is “Stacking” Under Florida Insurance Law?

Published on: May 20, 2020 | by Friedman, Rodman & Frank, P.A.

Florida has one of the highest rates of car accidents involving uninsured or underinsured (UIM) drivers in the country. Car accidents with drivers without appropriate insurance can have long-term medical and financial consequences on a car accident victim, and Florida drivers must protect themselves.

Florida requires that motorists maintain two types of auto insurance, personal injury protection (PIP), and property damage liability (PD). Florida’s designation as a “no-fault” state means that a motorist’s PIP coverage will cover covert medical expenses up to $10,000, without consideration of fault. However, Florida does not require motorists to carry bodily injury coverage; this coverage pays expenses the other party incurs because of an accident. The only time this does not apply is if the responsible driver has been convicted of DUI.

In response to these potentially devastating situations, Florida insurance law requires insurance companies to offer motorists the option to purchase UIM coverage. Thus, although UIM coverage is not mandatory, insurance companies must offer coverage to policyholders. The insurance protects the insured if they are involved in an accident with another motorist who does not have any or enough bodily injury insurance. However, policyholders must understand that UIM coverage is only an option if they carry bodily injury coverage in an amount higher than the UIM coverage. Florida’s minimum bodily injury coverage is $10,000 per person and $20,000 per occurrence.

Implications of COVID-19 on Florida Car Insurance

Published on: May 18, 2020 | by Friedman, Rodman & Frank, P.A.

The COVID-19 pandemic has uprooted the lives of most Americans in Florida and across the United States. Employers, educational institutions, retailers, and almost every other industry has made changes to the way they operate. As a result, Florida drivers are typically only venturing out for mandatory travel or essential supplies. This has led to insurance companies experiencing a decrease in Florida car accident claims and higher profits.

According to an industry news source, in response to the COVID-19 pandemic, the Consumer Federation of America and the Center for Economic Justice, issued a statement advising automobile insurance companies to provide their policyholders with premium relief. The agencies issued this advisory to help individuals who are facing financial difficulties because of an income reduction during this time. Insurance companies are using their discretion to determine whether they will take steps to issue refunds of policyholder’s premiums or provide them with another benefit. The Insurance Information Institute has stated that insurance companies will be returning nearly $10 billion to customers across the United States. However, because this is not a mandatory call to action, insurance companies have the choice as to whether they will reduce insurance rates or return premiums.

There are several different ways that Florida insurance companies are responding to this advisory. The most common actions that insurance companies are taking are reducing premiums, waiving late fees, and issuing discounts. These reductions include, multi-vehicle discounts, multi-vehicle discounts, safe driver discounts, occupation-related discounts, and professional association membership discounts.

Florida Court Discusses Liability When a Vehicle Owner Lets Another Use Their Car

Published on: April 9, 2020 | by Friedman, Rodman & Frank, P.A.

Those who have experience dealing with a Florida insurance company, know the process can be a difficult one. Earlier this month, a state appellate court issued a written opinion in an insurance dispute case arising from a fatal Florida car accident. The case illustrates the difficulties that many accident victims face when attempting to recover for their injuries through either a Florida personal injury or a wrongful death lawsuit.

According to the court’s opinion, a driver caused a fatal accident while using his step-father’s vehicle. At the time of the accident, the driver had his step-father’s permission to use the vehicle. There were several insurance policies in effect at the time of the accident. Specifically, the driver had three policies with three different insurance companies, one of which was with Geico. In addition, the driver’s step-father had a policy with Allstate.

Allstate paid out $250,000 to the plaintiffs, which was the policy maximum. Pursuant to that agreement, the $250,000 was not an agreement to release the driver of all liability, but would offset any other recovery obtained by the plaintiffs.

Insurance Disputes in the Aftermath of a Florida Accident

Published on: April 6, 2020 | by Friedman, Rodman & Frank, P.A.

Many individuals in Florida have purchased some sort of insurance policy, whether it be car insurance, homeowner’s insurance, or another form of insurance. Insurance can protect an individual when accidents occur, but, unfortunately, sometimes insurance companies can be difficult to work with, or may refuse to cover a claim even when they are supposed to. Insurance disputes are common because insurance companies pour significant resources into legal teams to limit their liability. One form of insurance dispute occurs when the parties disagree on the amount of loss suffered by the insured. Depending on the policy, there are different ways to solve this type of dispute; one common way is through an appraisal.

For example, take a recent Florida appellate case. According to the court’s written opinion, the plaintiff had a homeowner’s insurance policy from State Farm, the defendant. The policy stated that when the two parties could not agree on the amount of loss suffered by the plaintiff, both parties would choose a qualified, disinterested appraiser who would then set the amount. In September of 2017, the plaintiff submitted a claim under the policy, and State Farm issued her a payment for her loss. However, the plaintiff disputed the amount of the loss, and notified State Farm that she was going to use a public adjuster as her appraiser. State Farm objected to this, because the plaintiff and the adjuster had an agreement that the adjuster would assist her and then receive a ten percent contingency fee. Because the adjuster received a portion of the final amount, State Farm argued that he could not be truly disinterested as the terms of the policy stated he must be.

The court ultimately agreed with State Farm. Under Florida law, when interpreting the terms of a contract, courts interpret plain and unambiguous language in accordance with its plain meaning. If a term has an ordinary meaning that it is usually assigned, then the court will give it that meaning in a contract, unless the parties specifically define it otherwise. The court found that the term disinterested could not apply to an adjuster who had a direct financial interest in the outcome; the higher the appraised value, the higher his commission. As such, the plaintiff was unable to retain the adjuster as her appraiser, and instead had to find an independent, disinterested appraiser who did not have a financial stake in the final outcome.

Importance of Florida Uninsured Underinsured Motorist Coverage

Published on: February 27, 2020 | by Friedman, Rodman & Frank, P.A.

Florida motorists must purchase automobile insurance that provides at least $10,000 in personal injury protection (PIP) and $10,000 in property damage. PIP coverage is a no-fault coverage that provides compensation to motorists and qualified family members for certain accident-related medical expenses. Florida is a no-fault state, and insurance companies cover their policyholders in an accident. However, the law does not require motorists to purchase insurance to protect themselves when they are negligent. When someone is involved in an accident with a driver that does not have adequate protection, the victim may face significant challenges recovering for their losses.

To avoid potential significant financial burdens, motorists should purchase uninsured/underinsured motorist (UIM) protection. Unlike several other states, Florida automobile insurance laws do not require motorists to purchase uninsured/underinsured motorist (UIM) protection; however, this coverage provides drivers, their passengers, and household family members, with additional financial security.

UIM protection is useful in cases where motorists are involved in an accident with an at-fault driver with inadequate insurance coverage. Further, this coverage protects policyholders in hit-and-run accidents, unknown vehicle collisions, or if the policyholder or their family members suffer injuries as a pedestrian or cyclist.

Jury Awards Plaintiff $1 Million Verdict Against Insurance Company

Published on: February 20, 2020 | by Friedman, Rodman & Frank, P.A.

Car accidents can leave injured motorists, passengers, and pedestrians with substantial property damage, physical injuries, and psychological trauma. After seeking medical attention, one of the first steps a Florida car accident victim should take is to file a claim with the at-fault driver’s insurance company. Many Floridians assume that insurance companies operate swiftly and fairly; however, this is often far from the truth.

In most instances, car accident victims will attempt to recover damages from the at-fault party or their insurance company. This requires filling out lengthy forms, providing detailed information, and explicitly requesting appropriate compensation. Insurance companies rarely agree to the amount the victim claims and will either counteroffer, deny, or even delay deciding the clam. If an insurance company is engaging in unlawful practices or countering an inadequate amount, injury victims should contact an attorney to file a complaint

To initiate a lawsuit against an insurance company, potential plaintiffs should file a complaint in court. Attorneys can assist the plaintiff in including all relevant and pertinent details, including a demand for damages. During pre-trial pleadings, both parties will have the opportunity to file motions to support their claims. If the case survives pre-trial proceedings, the parties will then engage in discovery and then trial.