Florida Supreme Court, and Insurance Policies

Florida Supreme Court

When it comes to the law and car insurance, Florida is making sure that everyone pays! On Thursday, Florida Supreme Court was able to uphold a ruling on a dispute that came about in 2015. There was confusion during the first trial as to whether or not uninsured-motorist insurance coverage should apply to a fatal motorcycle accident.

The case, which comes out of Hernando County, came about after the death of Michael Lentini while he was riding his motorcycle. Lentini did purchase a collector-vehicle insurance policy for his 1992 Chevrolet Corvette. However, he wasn’t riding the Corvette during his death. According to court records, his policy included $300,000 in uninsured motorist coverage.

Florida Supreme Court Rules Against Insurance Company

Believing it to be due, Lentini’s estate went to collect the benefit. However, it came down to them having to sue American Southern Home Insurance, the ones in charge of the policy. A circuit judge ruled in favor of the insurance company. However, last year, a panel of the 5th District Court of Appeal chose to overturn the ruling.

According to the appeals court, the uninsured coverage follows the policyholder, not the vehicle that is without insurance. The only way it doesn’t is if there were a previous agreement signed that would limit coverage. American Southern Home Insurance chose to appeal the case to the Supreme Court.

Justice Ricky Polston was able to write about the case, as well as Chief Justice Charles Canady and Justice Jorge Labarga. All three agree that the issue was whether or not an insurer who issue lower premiums on collecter policies ay limit motorist coverage on vehicles without insurance. Polston argues that state law does not allow limitations when it comes to cases such as these. Both Justice Carlos Muniz and Justice Alan Lawson agree.

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