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Defense Verdict in Insurance Coverage Trial

Earleen Cote, of the Ft. Lauderdale office, obtained a defense verdict after a three-day trial in a Broward coverage case. Plaintiff was involved in a collision while driving a recently financed vehicle she claimed was added to her existing insurance policy at the time the vehicle was purchased. Plaintiff sued the carrier for the full value of the vehicle in addition to the amount financed, which was double what the car was actually worth. Neither the carrier, nor the dealership, had any record of the car ever being added to her existing policy, which covered two older vehicles. However, Plaintiff was able to survive summary judgment by arguing the car was added by a carrier representative via telephone while at the dealership. After granting partial summary judgment in favor of the carrier on Plaintiff’s count for reformation, the Judge allowed the remaining claims of breach of contract and declaratory judgment to go to a jury. A defense verdict was returned after about 20 minutes of deliberation.

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