Sunday, February 6, 2011

UM not payable if insured fails to attend CME

Benefits are not payable under uninsured motorist (UM) coverage if an insured violates a policy condition by failing to attend a compulsory medical exam.  That is the decision of Fifth District Court of Appeals in State Farm Mutual Automobile Insurance Co. v. Curran (Fla. 5th DCA Jan. 28, 2011).

In reaching this conclusion, the court relying on decisions from the 1990s holding that compliance with this policy provision is a condition precedent to suit and recovery of policy benefits. Citing De Ferrari v. GEICO., 613 So. 2d 101, 102 (Fla. 3d DCA 1993); Goldman v. State Farm Gen. Fire Ins. Co., 660 So. 2d 300 (Fla. 4th DCA 1995); and Stringer v. Fireman’s Fund Ins. Co., 622 So. 2d 145, 146 (Fla. 3d DCA 1993).

Perry Cone practices insurance, compliance and government law, and provides consulting to in-house counsel, from the Tallahassee office of GrayRobinson. He writes from his perspective as a former general counsel, executive, and leader in the Florida insurance industry. Visit Perry's blog at

Legal Notice and Disclaimer

No comments: