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Articles Tagged with car-accident-attorney-in-boca-raton

Elderly drivers tend to get a bad wrap, especially here in Florida, where some throw out offensive phrases like “geezer-dodging” as if it’s second nature.oldercar

While they do tend to be more vulnerable to serious injuries and fatalities in the event of a crash, seniors are actually among the safest drivers on the road. In fact, AAA reports as a group, elderly drivers tend to avoid drinking and driving, they observe the speed limit and wear their seat belts. True, they may suffer from some degree of vision or hearing loss, but they often compensate for these deficits by reducing their speed and the number of other distractions so they can focus solely on the road ahead.

That’s more than we can say for many of the younger motorists, who have far higher rates of impaired driving and are prone to cell phone distraction.

If an insurance policy provision is deemed ambiguous, it will always (at least in Florida) be interpreted liberally in favor of the insured and against the drafter of the policy. The Florida Supreme Court definitively set this standard last year in the case of Washington National Insurance Corporation v. Ruderman. The court ruled this standard holds regardless of whether there might be extrinsic evidence that could clarify the ambiguity. trailer

Boca Raton injury attorneys know rulings like this have meant insurers are increasingly careful in the language they use in drafting policies. Challenging such provisions has become more difficult, though insurers usually lose when they attempt to write-in exclusions that are overly-broad and confusing to the consumer.

Ohio also follows a similar interpretation of insurance law, and the Ohio Supreme Court recently weighed in on the issue of ambiguity in a commercial general liability policy in Sauer v. Crews. The court ultimately contended that in determining whether a policy provision is ambiguous, the courts have to consider the context in which the specific language is used.

Florida’s Second District Court of Appeal ruled that a bankruptcy court’s order effectively barring a car accident victim from seeking a personal liability judgment against the at-fault driver was erroneous as a matter of law. carcrash1

In Whritenour v. Thompson, justices reversed the earlier summary judgment, based on a bankruptcy court’s ruling that the victim could only pursue damages against the at-fault party’s insurance company – not her personally.

Boca Raton car accident attorneys recognize this is an important ruling, as the justices noted the situation was “unprecedented.” The justices strove to find a balance between ensuring the protections of bankruptcy, while preserving the rights of the injured to be compensated for the negligent acts of another driver.

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