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Category: Case Results

A Bench Trial Victory

Fort Lauderdale attorneys Lowell Karr and Hunter Schulz recently represented a client in a two-day bench trial in Broward County over an uninsured motorist (“UM”) coverage dispute.

The plaintiff had sought a determination that he had UM coverage on two vehicles when the policy documents showed there was no coverage. Plaintiff testified that on multiple occasions, he had spoken with insurance agents who confirmed that there was UM coverage on the two vehicles.

At trial, the plaintiff admitted to signing UM rejection forms two years before the subject accident and receiving renewal notices that did not list any UM coverage for the two vehicles. The Court was persuaded by the defendant’s documents and the testimony of its insurance agents, who detailed that a UM Rejection Form would only be sent if an Insured wished to change a policy by rejecting coverage. The Court found that Plaintiff did not have UM coverage on the two vehicles on the date of the accident thereby entitling the defendant to a final judgment on its behalf.

Special thanks to Katie Gannon for her support with the motion for directed verdict.

 


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