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…
Articles Posted in Car Accident
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,…
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…
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,…
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…
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…
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…
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…
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”)…
Middle District of Florida Denies Motion for Summary Judgment in Bad Faith Insurance Case
In Taylor v. Geico Indemnity Co., a driver was involved in an at-fault motor vehicle collision with a motorcyclist. Following the traffic wreck, the biker was treated for numerous broken bones. The motorcyclist elected to receive compensation from his own motor vehicle insurer, which would then seek subrogation from the at-fault…