On March 13, the Florida Supreme Court in State Farm Automobile Insurance v. Curran joined the recent trend requiring insurers to establish prejudice when an insurer’s conduct results in a forfeiture of coverage that the policy would have provided but for the insured’s conduct.
In Curran, the court held if an insured breaches a compulsory medical examination, or CME, provision in an uninsured motorist contract, the insured does not automatically forfeit benefits under an insurance policy; rather the insurer must plead and prove it was prejudiced by the insured’s failure to comply with this condition of the policy in order to avoid paying benefits under the policy.
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