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Pre-Suit Withdrawal of Plaintiff’s Claims in a UM Case

Valerie A. Dondero, of our Miami office, obtained a pre-suit withdrawal of Plaintiff’s challenges to the electronic signatures contained within the insurer’s Application for Auto Insurance Coverage and the Uninsured Motorist Selection/Rejection Form. Valerie was seeking to obtain pre-suit Examination Under Oath testimony from the insured regarding two auto policies which did not provide UM coverage. Despite the Plaintiff’s claims that the signatures were not valid and that the Plaintiffs did not sign the documents, Valerie was able to provide the underwriting documents and electronic correspondence between the parties indicating confirmation of electronic signatures, user I.D. and passwords created by the Plaintiffs, a discount for “signing forms on line” and that the insurer had provided all Annual Notices of Renewal Options in compliance with Florida’s UM statute. Before the Examination Under Oath testimony, Plaintiffs agreed with Valerie’s coverage assessment and withdrew their claims to coverage.

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