Florida Legal Topics

Edgewater Legal News - Insurance Claims

The Law Office of Paul Bernardini

Insurance - Personal Injury Protection

Extended PIP provision of policy was ambiguous as to whether insurer's liability for extended PIP benefits was limited to $10,000 or whether insurer was required to pay all insured's medical expenses without limitation. Because ambiguity must be construed against insurer as drafter of policy, trial court erred in entering summary judgment for insurer in insured's declaratory judgment action, finding that extended PIP coverage only allows for recovery of medical expenses until $10,000 limit is reached. Spaid v. Integon Indemnity Corp., 39 Fla. L. Weekly D1299 (1st DCA opinion filed June 18, 2014.)

Claims against insurance companies & personal injury

A good case for people who make claims against insurance companies is DeLeon v. Great American Insurance Company, 35 Fla. L. Weekly D2250. This case dealt with the right of the insurance company to take a statement under oath before suit can be filed. Generally, the insurance company has the right to take a statement under oath before a suit can be filed against the insurance company for failure to pay. Not all insurance companies exercise this right. However, when the right is exercised, the pre-suit examination under oath must be done properly. The pre-suit statement cannot be used to simply harass and vex the claimant. If done for the purpose of harassing and vexing the claimant, the insurance company can find itself responsible for the claimant's attorney’s fees. I think all personal injury claimants will be happy to review this case. I can assure you that our office intends to make good use of this case.