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March 16, 2008
Recovery of Withheld Insurance Benefits
MARCH 2008 - USAA Casualty Insurance Company agreed to pay over $300,000 in underinsured motorist ("UM") benefits previously withheld on its assertion of a "household exclusion" and the doctrine of parental immunity. The primary insured and his minor daughter were involved in a collision in September of 2006. The minor sustained injuries while riding in an automobile driven by her father. The family and its initial counsel thereafter demanded payment of the UM benefits from USAA in order to address the minor's injuries and associated medical expenses. USAA rejected the family's demands and did so repeatedly, including before the Florida Department of Insurance. Alvarez Garcia accepted the cause and promptly sought declaratory relief under Chapter 86 of the Florida Statutes. After considerable analysis and litigation before the trial court, it was determined that neither the "household exclusion" nor the doctrine of parental immunity applied so as to bar the minor's claims for insurance benefits. The final recovery included payment of the withheld benefits and additional amounts reflective of the litigation costs and fees under Florida Statutes, Section 627.428.
Posted by alvarezgarcia at 07:16 PM
