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850-438-4044
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Noteworthy Insurance Coverage Cases

Tuesday, April 13th, 2010

Lloyds Underwriters v. Keystone Equipment Finance Corp., 25 So3d 89 (Fla. 4th DCA 2009)

In this case, Keystone Equipment (the “insured”), purchased insurance coverage from Lloyds Underwriters (the “insurer”) for a commercial tractor trailer.  The insurance policy had an effective date of November 30, 2004.  On December 18, 2004, the tractor trailer was stolen.  The insurer denied the claim although the policy provided coverage for theft.  The written policy contained a “Garaging or Secured Yard Warranty” which required the insured to keep the tractor trailer in a closed garage, a guarded enclosed parking lot, or parked beside the insured’s residence.  Because the insured had failed to store the tractor trailer in either of these ways, Lloyds found that Keystone was in breach of this warranty and was not entitled to recover damages for the stolen tractor trailer.  At the time of the loss, Keystone had not yet received a copy of the insurance policy and was unaware of the warranty provision. Continue Reading

TWW Secures Life Insurance Benefits for Widow

Wednesday, December 2nd, 2009

After the death of her husband, our client retained Stephanie Taylor when the “accidental death” insurance policy, purchased through her husband’s employer, refused to pay benefits.  Her husband was traveling to work in Alabama at the time of his death.  Relative to health issues, he was taking medications prescribed by his treating physicians.  The insurance company asserted that the toxicology report revealed that our client’s husband had prescription medication in his system at the time of this death in an amount that the insurance company claimed was higher than would be expected from his regular prescription doses.  As such, the carrier asserted that the policy’s proceeds were not payable under this circumstance and further that his death was deemed not “accidental.”

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TWW Obtains Hurricane Dennis Insurance Benefits

Wednesday, December 2nd, 2009

As a result of Hurricane Dennis, our client lost her entire residence in Franklin County, Florida.  The loss was caused by both flood and wind.  She promptly notified her wind and flood carrier along with evidence of the damage to her home as required by her policies.  Her wind insurance carrier denied payment of benefits saying that all of the damage was attributed to flood rather than windstorm.  Even though Franklin County experienced the northeastern side of the eye wall, known to be where the heaviest winds of any major storm are located, the carrier paid $0 towards her losses.

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Bittersweet Victory for Mississippi Homeowners with Katrina Damage

Thursday, November 12th, 2009

The Mississipppi Supreme Court ruled in a 9-0 landmark decision that “all-risk” home insurance policies may cover wind damage from hurricanes even where the loss is later exacerbated by water damage from storm surge.  Insurers had argued that such damage is excluded by the anti-concurrent cause (ACC) in their policies.  The Court decided that the ACC Clause in not applicable because the wind and water losses were separate or in sequence, and not “indivisible.”  Justice Randolph wrote in part, “… An insurer may not abrogate its duty to idemnify for such loss by the occurrence of a subsequent, excluded cause or event.”  In effect, once the wind loss occurs, the insured is entitled to the policy coverage and the burden is shifted to the insurer to prove what part of the loss was caused by the excluded peril, like water.  Unfortunately, thousands have already negotiated their Katrina claims for less than the value of their losses.

http://www.insurancejournal.com/news/national/2009/10/09/104428.htm

TWW Holds Insurance Company Responsible

Monday, November 2nd, 2009

When an insurance company decided to deny a claim in bad faith, TWW obtained justice.  A family experienced a devastating tragedy when their youngest son was killed by a careless driver only 3 days prior to his 21st birthday.  The careless driver did not have sufficient insurance to compensate the family for the economic losses associated with the death of their son. Before agreeing to accept the minimal insurance from the driver, the family contacted Stephanie Taylor and Phillip Warren regarding their legal rights.  Our attorneys analyzed the situation and found that the family had purchased underinsured motorist (“UM”) benefits as part of their own automobile insurance policy. Continue Reading

Advocates Say Being a Woman is Not a “Pre-Existing” Condition

Wednesday, October 21st, 2009

In this National Law Journal Journal Article, Tresa Baldas asks the question:  Is having a uterus a pre-existing condition? This article examines the insurance industry’s practice of charging women higher insurance rates than men for the same services, also known as gender rating.

http://www.law.com/jsp/article.jsp?id=1202434670357&Advocates_Say_Being_a_Woman_Is_Not_a_PreExisting_Condition#