Florida Court Rules for Insurer in Insurance Coverage Dispute, Awards $658

In April 2020, a plaintiff was involved in an automobile accident in St. Augustine, Florida, when his vehicle was struck by an uninsured driver. The uninsured driver reportedly disregarded a traffic control device and failed to yield the right of way. The plaintiff later obtained a judgment of over $333,000 against the uninsured driver.

In September 2022, the plaintiff filed a complaint against an insurance company, alleging breach of contract and bad faith. The plaintiff claimed he maintained an uninsured/underinsured motorist policy with the defendant insurer and sought to recover under its terms. The defendant insurer argued that the plaintiff was not an insured under any policy it issued and, therefore, had no insurable interest that would trigger coverage obligations.

In March 2024, a Florida court denied the plaintiff's motion to extend time to file a responsive brief, citing insufficient grounds for excusable neglect. The court subsequently granted the defendant insurer's motion for summary judgment, concluding that the company had no duty to indemnify or pay the plaintiff because he was not an insured under any policy issued by the defendant. In April 2024, the court awarded the defendant insurer $658.39 in attorneys' fees and costs.