Wittmer & Linehan Puts The Brakes On Insurance Company’s Denial Of Coverage.
On September 3, 2006 Larry Gillespie and his daughter were involved in a serious motor vehicle accident in Manatee County. The owner (Andres Islas) and driver (Francisco Guerrero) of this vehicle were 100 percent at fault for causing the accident and injuries. Hudson Insurance Company insured the owner and permissive driver of this vehicle with a $10,000 liability policy. Hudson’s first action was to deny any coverage to their insured for this accident.
Their denial was based on their belief that at the time of the application for insurance, the driver, Guerrero, was living with the owner, Islas, and therefore should have been disclosed on the application in order for coverage to apply to his actions.
Hudson performed a very cursory investigation into this matter before denying coverage. After suit was filed against Mr. Islas and Mr. Guerrero, we met with them and determined that Hudson had wrongfully denied them the coverage they had paid for. We obtained separate counsel for Islas and Guerrero and worked with their attorneys to prove that Hudson’s denial of coverage was unjustified. Ultimately we were able to recover $350,000 from Hudson for our clients.
All too often, insurance companies will wrongfully seek to minimize their exposure by denying coverage to individuals who cannot afford legal representation. On many occasions, this strategy works. If you know someone who might be facing exposure to a loss, and their insurance company is denying them the coverage to which they believe they are entitled, please tell them to call Wittmer & Linehan PLLC for a free consultation.