An auto insurer’s failure to comply with the state’s Claims Administration Statute, F.S. 627.426, meant no genuine issue of material fact was left to consider regarding insurance coverage of an absconded drunk driving suspect who allegedly killed five people in a horrific crash.
Plaintiffs, parents of one of those killed, sued defendant driver for wrongful death resulting from the crash. The incident happened on I-95 outside Miami, when defendant drove his mother’s vehicle onto the shoulder of the highway, plowing into seven other vehicles that had just been involved in a chain reaction collision and had parked in the emergency lane. Victims ranged in age from 22 to 57. (Plaintiff’s son was a recent university graduate.)
Defendant driver’s blood alcohol level was 0.127, well above the legal limit of 0.08, and that was several hours after the crash. He also smelled of alcohol, a trooper noted, and allegedly admitted to drinking at a local nightclub prior to the collision. Continue reading