Jury Backs Insurer in Miami UM Coverage Fraud Dispute
Table of Contents
Case Background
In August 2008, Modesto B. Reynoso and Denisse Fuertes applied for auto insurance with Progressive through Tammy Insurance Agency in Miami-Dade County, Florida. Deborah Gomez, later a Plaintiff in this case, was listed as an additional insured. According to Gomez, Reynoso and Fuertes wanted the same coverage they had with their previous insurer, including uninsured/underinsured motorist (UM) coverage.
Gomez alleged that Tammy Cancio and Jessica Cancio, acting for Tammy Insurance Agency, rejected UM coverage without the applicants’ consent by signing or forging Reynoso’s name on the UM rejection form. The policy renewed for years without change.
On September 22, 2021, Gomez was driving when her car was struck by another vehicle driven by Guerda Desravin and owned by Joseph Desravin. Gomez and her daughter, Elise Cisco, were injured. She claimed the at-fault driver was underinsured, making UM coverage essential for compensation. When Gomez sought UM benefits from Progressive, she was told the policy contained none.
Cause that led to the dispute
Gomez’s lawsuit alleged that the insurance agents wrongfully rejected UM coverage without authorization, causing her to lose access to benefits that would have compensated her and her daughter for injuries from the crash. She claimed the signatures on the 2008 and 2010 UM rejection forms were forged. The suit sought a declaration that UM coverage applied, plus damages for breach of contract, negligence, breach of fiduciary duty, and fraud.
Injury
Gomez said she and her daug
Continue Reading This Article
Subscribe to access this article and our entire library of legal content.