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

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

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...

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

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

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...

TORTS: NEGLIGENCE: MISREPRESENTATION: INSURANCE: UNINSURED MOTORIST COVERAGE: COMPLAINT ALLEGING THAT INSURED RETAINED STACKING UNINSURED MOTORIST COVERAGE BECAUSE AGENT EXPLAINED IT WOULD DOUBLE THE AVAILABLE COVERAGE STATED CAUSE OF ACTION FOR NEGLIGENT MISREPRESENTATION: CONFLICT BETWEEN TERMS OF THE INSURANCE POLICY AND AGENT’S ORAL REPRESENTATIONS DID NOT BAR ACTION FOR NEGLIGENT MISREPRESENTATION

Gallon v. GEICO General Insurance Company, ___ So. 3d ___, 39 Fla. L. Weekly D1965 (Fla. 2d DCA September 12, 2014)

The plaintiff sought uninsured motorist benefits for injuries that he sustained when he was ejected from the rear seat of his mother’s car in a single vehicle accident.  Although the mother had stacked coverage, the insurer contended that the … Click To Read Full Case Law Review...