TORTS: MOTOR VEHICLE NEGLIGENCE; INSURANCE: UNINSURED MOTORIST COVERAGE; CIVIL PROCEDURE: PROPOSAL FOR SETTLEMENT: PROPOSAL FOR SETTLEMENT WAS AMBIGUOUS AND UNENFORCEABLE BECAUSE THE AMOUNT OF THE PROPOSAL IN WORDS WAS DIFFERENT FROM THE AMOUNT IN NUMERALS

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Government Employees Insurance Company v. Ryan, ___ So. 3d ___, 40 Fla. L. Weekly D617 (Fla. 4th DCA March 11, 2015)

The plaintiff in an action for uninsured motorist benefits served a proposal for settlement that stated the amount of the proposal was “One Hundred Thousand Dollars ($50,000)” and that “[t]he total amount of this settlement shall not exceed … Click To Read Full Case Law Review...

INSURANCE: UNINSURED MOTORIST COVERAGE: WHEN DAUGHTER WAS SUBSTITUTED FOR HER FATHER AS THE SOLE NAMED INSURED UNDER AUTO POLICY, INSURER WAS REQUIRED TO OBTAIN A WAIVER OF MATCHING LIMITS OF BODILY INJURY AND UNINSURED MOTORIST COVERAGES FROM DAUGHTER

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Chase v. Horace Mann Insurance Company, ___ So. 3d ___, 40 Fla. L. Weekly S97 (Fla. February 19, 2015)

In 2001, the father obtained an auto insurance policy with bodily injury limits of $100,000/$300,000 and uninsured motorist limits of $25,000/$50,000. His daughter was listed as a driver, but she was not an insured, and she did not have the right … Click To Read Full Case Law Review...

INSURANCE: UNINSURED MOTORIST COVERAGE: BUSINESS AUTO INSURANCE POLICY MAY HAVE ONE SET OF UNINSURED MOTORIST LIMITS FOR EXECUTIVES AND THEIR FAMILIES AND ANOTHER SET OF LIMITS FOR ALL OTHER INSUREDS

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Germany v. Darby, ___ So. 3d ___, 40 Fla. L. Weekly D436 (Fla. 1st DCA February 16, 2015)

The plaintiff’s employer purchased a business auto policy with uninsured motorist limits of $500,000 for executives and their family members and $30,000 for all other insureds, including the plaintiff. The plaintiff challenged the propriety of the different limits after he sustained … Click To Read Full Case Law Review...

TORTS: MOTOR VEHICLE NEGLIGENCE: INSURANCE: UNINSURED MOTORIST COVERAGE: CIVIL PROCEDURE: DIRECTED VERDICT: APPEALS: INVITED ERROR: TRIAL COURT DID NOT ERR BY DIRECTING A VERDICT IN FAVOR OF UNINSURED MOTORIST CARRIER AFTER PLAINTIFF ABANDONED HER CLAIM AGAINST PHANTOM MOTORIST

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Millsaps v. Kaltenbach, ___ So. 3d ___, 39 Fla. L. Weekly D2553 (Fla. 4th DCA December 10, 2014)

When the defendant, in a motor vehicle negligence case, alleged that he was not negligent because he was evading a phantom motorist when the collision occurred, the plaintiff amended her complaint to add her uninsured motorist carrier as a defendant. During … Click To Read Full Case Law Review...

INSURANCE: UNINSURED MOTORIST COVERAGE: THE FAMILY EXCLUSION IN AN UNINSURED MOTORIST POLICY DID NOT CONFLICT WITH SECTION 627.727(3), FLORIDA STATUTES: THE NAMED INSURED’S REJECTION OF STACKED UNINSURED MOTORIST COVERAGE IS BINDING UPON ALL INSUREDS

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Travelers Commercial Insurance Company v. Harrington, ___ So. 3d ___, 39 Fla. L. Weekly S647 (Fla. October 23, 2014)

The plaintiff was injured in a single car accident while riding as a passenger in her father’s car.  The car was being driven by a non-family member with the father’s consent.  The plaintiff collected the full amount of liability coverage under … Click To Read Full Case Law Review...