Med Exam Breach Doesn't Ax Insurance Benefits: Fla. Justices

Law360, New York (March 14, 2014, 7:21 PM EDT) -- The Florida Supreme Court ruled Thursday that an insured's breach of a compulsory medical examination provision in an underinsured motorist policy does not result in forfeiture of benefits unless the insurer pleads and proves prejudice as part of its affirmative defense.

The high court rejected an argument by State Farm Mutual Automobile Insurance Co. that a provision in the policy requiring claimants to undergo medical examinations was precedent to coverage and the filing of a lawsuit, saying the insurance company had the burden of pleading and...
To view the full article, register now.

UK Financial Services

UK Financial Services

Read Our Latest UK Financial Services Coverage

Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.