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Finding the coverage: insurance disclosure requests in injury claims

How much insurance is available often shapes an injury claim as much as the injury itself. In Florida, a written request can get the at-fault driver's liability coverage disclosed within 30 days.

Legal support4 min readCorvane Ashmoor & Co.

In auto injury matters, counsel needs to know early which policies apply and their limits: the at-fault driver's bodily injury liability coverage, the client's own uninsured and underinsured motorist coverage, personal injury protection and any medical payments coverage. Litigation support gathers and tracks it.

The Florida disclosure request

Under section 627.4137 of the Florida Statutes, a liability insurer must, within 30 days of a written request from the claimant, provide a sworn statement with the name of the insurer, the name of each insured, the limits of coverage, and a statement of any coverage defense, along with a copy of the policy. Counsel decides when and how the request is sent.

Track every policy

  • Carrier, policy number, insured and claim number.
  • Type of coverage and the limits per person and per accident.
  • When the request was sent, and when the answer came back.
  • Any other policies: household vehicles, umbrella policies, employer coverage.

Compare coverage with damages

A simple summary of available coverage next to the medical bills and lost wages helps counsel plan the claim.

Our coverage summary adds up the policies and compares them with the damages so far.

Litigation support is performed at the direction of a licensed attorney. Read the statute and current case law; how coverage is pursued is counsel's decision.

This article is general information, not legal, tax or regulatory advice. Rules change; confirm current requirements with the responsible agency or a licensed professional.

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