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Insurance Company Wrongly Denies Uninsured/Underinsured Motorists Coverage

By Orlando Personal Injury Attorney on October 28, 2016

According to Florida court records, an individual is suing the Metropolitan Casualty Insurance Company, from which she is seeking declaratory relief. The suit, which filed in Osceola County, alleges that the insurer acted in breach of its duty of good faith and fair dealing.

The law suit follows a 2015 motor vehicle accident. According to the complaint, on November 9 2015, while traveling on Old Canoe Creek Road in St. Cloud, her car was hit by another vehicle. The driver of the other vehicle was uninsured/underinsured. As a result of this collision, the plaintiff suffered bodily injury, disability, loss of earnings. In addition to these damages, she also claimed medical expenses relating to her treatment, both immediately following the accident and for her ongoing disability.

The plaintiff did have an insurance policy at the time of the accident, which she claims included underinsured/uninsured motorist coverage. However, Metropolitan Casualty Insurance Company, the defendant, disagrees. According to them, the plaintiff had signed an election/refection form refusing the underinsured/uninsured coverage – a claim that the plaintiff denies. Because of this, the defendant denied her claim for compensation, arguing that her policy did not provide for uninsured/underinsured motorist coverage.

In her suit against Metropolitan Casualty Insurance Company, the plaintiff claims that the defendant is responsible for compensating her for her damages. She further claims that because the defendant wrongly denied/disputed that her policy covers uninsured/underinsured claims, even going so far as falsely accusing the plaintiff of signing a computer-generated rejection form, she had to retain legal counsel. Thus, her claim for declaratory relief includes, in addition to the coverage benefits and compensation for her damages, attorney’s fees and ‘further relief as the court deems proper’.

If you or a loved one have been injured in a Florida automobile accident and the driver who caused the accident doesn’t have car insurance, you may still have the right to seek compensation. To learn more about uninsured/underinsured motorist insurance coverage or motor vehicle accidents in general, call the Law Offices of James O. Cunningham, P.A. at 1-877-FL-INJURY (877-354-6587) to schedule your free initial consultation.

James O. Cunningham

Since 1977, personal injury lawyer James Cunningham has provided effective legal advocacy to people who are injured through the negligent actions of another person or entity throughout the Central Florida area. He fights to obtain recoveries for his clients’ physical and emotional pain and suffering and pursues his clients’ personal injury cases with a commitment to excellence and impeccable preparation.

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