southfloridapersonalinjurylawyers-blog.com - South Florida Personal Injury Lawyers Blog — Published by South Florida Personal Injury Attorneys — Friedman, Rodman & Frank, P.

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Fighting For The Injured Request A Free Consultation South Florida Personal Injury Lawyers Blog Eleventh Circuit Reverses Lower Court Decision Involving the Definition of a “Land Motor Vehicle Published on: May 10, 2023 | by Friedman, Rodman & Frank, P.A. In a recent case , the United States Court of Appeals for the Eleventh Circuit issued an opinion in an appeal involving a dispute regarding the definition of a land motor vehicle in an insurance policy. The plaintiff, State Farm Mutual Automobile Insurance

The incident that triggered this case occurred on a Florida highway when the defendant’s insured Nissan Altima was struck by a driver operating a Razor Pocket Mod scooter (the Scooter). The Scooter had a top speed of 15 mph with a total battery life of 40 minutes of continuous ride time. The Scooter was not manufactured with a taillight, brake lights, turn signals, or exterior mirrors, and no such equipment had been added. The defendant suffered serious injuries to her neck, back, and knee, with surgery exp

Following the crash, the defendant submitted a claim to State Farm for UM coverage in the amount of $100,000. State Farm denied the claim, stating that the Scooter was not an “uninsured motor vehicle” under the policy. The State Farm insurance policy stated that it would “pay compensatory damages for bodily injury an insured is legally entitled to recover from the owner or driver of an uninsured motor vehicle.

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