That's fine if it takes more time - I expected it might be a difficult question to answer as I wasn't finding much in my research that dealt definitively with the issue.
Thanks for the continued attention, Wendy....appreciate it.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.Under FL law, the courts hold that material misrepresentation on an insurance policy renders the policy void from the inception (void ab initio as the court says). See: Progressive American Ins. Co. v. Papasodero, 587 So.2d 500 (Fla.App. 2 Dist., 1991). The courts were pretty clear saying this in case law. This means that it is a valid insurance defense in FL and that State Farm can deny the coverage and then it will be up to Allstate to provide coverage, as it was actually their insured who caused the accident. At this point if you have rental coverage on your policy that is covering the rental you need to check with them, but it is likely to be a minimum of 30 more days for Allstate to reach a decision, so you would really want to consider it time to start looking for a new vehicle. Allstate has a reputation of fighting most all injury claims, but they are generally quick on paying property damage claims, so as this was their insured who was driving it is likely that once you get the denial from State Farm it will take them less than 30 days on the damage to the property, but you need to be prepared to litigate any injury claims with them because they do take most all of them to trial.
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Thank you. Confirms what I already suspected. My understanding from my insurer is that Allstate is only excess on the medical due to PIP.
I don't have rental coverage, but have been told that Allstate will most likely cover about 10 days of the rental and concur that time to go ahead and purchase new vehicle. Had somewhat anticipated this as have already decided on a vehicle, was just waiting for the State Farm side to be worked out before moving on it. Don't think it will take Allstate long as they initially had made an offer to total before State Farm became involved so a lot of that work should already be in their records.
Thank you again - sometimes there's a distinct downside to living in a 'business-friendly' state ;).
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