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Per Curiam in Final Summary Judgment in Underinsured/Uninsured Motorist Case
Valerie A. Dondero |
March 16, 2018
Valerie A. Dondero, of the Miami office, obtained a per curiam Final Summary Judgment in favor of the Insurer on a claim for underinsured/uninsured motorist coverage under a commercial auto policy.
The Plaintiff sued the Insurer alleging entitlement to UM coverage under his commercial auto policy for injuries sustained by his son who was stuck by an uninsured motor vehicle while riding his bicycle. The Insurer denied coverage and argued that a policy which was issued to a corporation only provided UM coverage to an occupant of a covered auto. Plaintiff attempted to create UM coverage by arguing that the policy should have been a personal auto policy because some of the insured vehicles were used for personal, rather than company business. Plaintiff also asserted that the policy did not provide the requisite amount in commercial liability coverage, and therefore, there was a mutual mistake on the policy and it should be reformed to reflect a personal auto policy, which would have provided coverage for the son’s injuries.
At the hearing, Plaintiff brought appellate counsel to further argue an ambiguity in the policy and an ambiguity in the Insurer’s response to the Plaintiff’s Insurance Disclosure in an attempt to create coverage. None of Plaintiff’s arguments succeeded and the Judge granted the Insurer’s Motion for Summary Judgment.
On Appeal, the Court dispensed with oral argument after all briefing and affirmed the Summary Judgment.