Car accidents involving uninsured motorists often cause financial hardship. In many cases, your insurance policy allows you to recover uninsured motorist (UIM) benefits from your insurance provider, which can help ease your financial burden. At times, however, you and your insurer may not agree on what benefits you are entitled to under the terms of your policy.
In a recent case, a Florida Court of Appeals held that where a policy’s language was unambiguous, an exclusion for uninsured motorist benefits for resident relatives of the insured was valid. If you are involved in a car accident in South Florida, you should consult a knowledgeable Florida car accident attorney to aid you in understanding the terms of your policy and the meanings of any exclusions.
Coverage under the Policies
Reportedly, the plaintiff and her mother lived together and each owned a vehicle. The defendant insured both the plaintiff and her mother under separate auto insurance policies. The mother was the only named insured on her policy, which had an uninsured motorist coverage limit of $100,000, while both the plaintiff and her mother were named insureds under the plaintiff’s policy, which had a substantially lower uninsured motorist coverage limit of $25,000. The policies were otherwise the same. Both policies included exclusionary language stating there was no coverage for an insured who sustains an injury while occupying a vehicle owned by the insured or a resident relative if it is not the insured’s car. The policies also stated that if the uninsured motorist coverage of the policy and any other policy issued to the insured or a resident relative both applied to the same injury, the coverage limits would not be added together.