personal injury - employment law - commercial litigation
Insurance Companies Using "Tactics" That Do Not Work In The End.
Serving all of Pasco County including Bayonet Point, Crystal Springs, Dade City, Elfers, Holiday, Hudson, Land O' Lakes, New Port Richey, Odessa, Port Richey, Saint Leo, San Antonio, Shady Hills, Trilby, Trinity, Wesley Chapel & Zephyrhills.
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The Second District Court of Appeals confirmed this past July that an insured driver’s failure to attend a compulsory medical examination (the insurance company will call it an independent medical exam but we all know better) does not automatically result in a loss of coverage. In another case involving State Farm’s attempts to avoid paying claims, an injured driver was forced to file suit when State Farm failed to pay her claim under a policy of uninsured motorist coverage (despite the injured driving having faithfully paid premiums for the coverage).
Once it was sued, State Farm served a notice of examination on the injured motorist. She objected to the conditions under which the examination was to take place. Such objections are permitted under the Rules of Civil Procedure and it is incumbent upon the defendant insurer to seek a court order establishing how the examination will be conducted.
Instead of seeking such an order, however, State Farm argued that the failure to attend the examination amounted to a breach of the insurance policy and thus the insurer was relieved of the obligation to honor the policy. A Hillsborough judge agreed and entered judgment in favor of State Farm.
The appellate court, however, found that the trial judge got it wrong and reversed noting that a compulsory medical exam in an uninsured motorist policy is a post-loss obligation and is not a condition precedent to coverage. Thus, State Farm had to plead and prove that it was somehow prejudiced by the failure of its insured, injured motorist to attend the examination.
I represent those injured in automobile and motorcycle accidents caused by the negligence of others. In many cases, this also means litigating with the injured driver’s own insurance company when that company, despite having been paid premiums, refuses to honor a policy of uninsured motorist coverage. Consultations are free and I only get paid when you recover. Referrals are always appreciated.