Fla. Court Will Conside Rights in Uninsured Motorist Case

PR Web

Boca Raton, FL (PRWEB) November 16, 2012

The Florida Supreme Court is set to consider an important consumer rights case addressing uninsured motorist coverage when a policyholder is injured in a car accident. According to Wellington car accident attorneys, uninsured motorist insurance policies provide coverage for policyholders when they are injured in accidents caused by the negligence or recklessness of an uninsured driver. State Farm Mutual Auto. Ins. Co. v. Curran (Florida Supreme Court Case No. SC12-157) examines whether State Farm had the right to deny its insured party coverage under her uninsured motorist insurance policy due to a loophole in the policy. A jury from the Brevard Circuit Court ruled in favor of the injury victim, and the Florida Fifth District Court of Appeal ultimately upheld that jury’s decision (State Farm Mutual Auto. Ins. Co. v. Curran, 2011 WL 6003288 (Fla. 5th DCA 2011)). State Farm has appealed the decision to the Florida Supreme Court, seeking to deny the injured plaintiff coverage.

In Curran, the uninsured motorist insurance policy issued by State Farm required the injured woman to attend a Compulsory Medical Examination (CME) performed by the insurance company’s doctor before filing a lawsuit in order to receive coverage under the policy. According to court documents, since the plaintiff filed suit before attending the required CME, State Farm argued that she had materially breached the policy terms, and thus forfeited coverage under the uninsured motorist provisions of her insurance policy.

The Florida Justice Association (FJA), a statewide association of trial lawyers, filed an amicus curiae (“Friend of the Court”) brief in support of the injury victim’s right to coverage in this case. According to court proceedings, the FJA and Wellington car accident attorneys contend that the plaintiff’s failure to attend a CME was not a material breach of the insurance policy agreement, and thus she is entitled to coverage for her injuries. Since the plaintiff could have attended a CME just as easily after filing a lawsuit, the FJA argued that there was no harm to State Farm as a result of the non-material breach of the contract, and that the plaintiff should receive benefits under the uninsured motorist provisions of her insurance policy.

The Welling car accident attorneys at the Shiner Law Group, specialize in automobile accidents and other personal injury cases and are dedicated to protecting the rights of individuals and injury victims. The firm serves clients in all of Florida including Boca Raton, Boynton Beach, Coral Springs, Deerfield Beach, Delray Beach, Fort Lauderdale, Lake Worth, Lantana, Loxahatchee, Miami, Orlando, Pompano Beach, Port St. Lucie, Tampa, Wellington, West Palm Beach and surrounding communities. For more information about the firm, please visit our website or call (561) 368-3363.