Court Nixes Florida Award for Injury Before Policy Purchase

May 29, 2012

A Florida appellate court has reversed a $6.25 million judgment against an insurance company because it was for an injury that occurred four days before coverage was obtained.

A three-judge panel of the 1st District Court of Appeal in Tallahassee last Thursday ruled unanimously for Interstate Fire & Casualty Co.

Fourteen-year-old Dakota Abernathy was hurt on an inflatable bungee run at a fundraiser for the Choctaw Touchdown Club of Fort Walton Beach. It is Choctawhatchee High School’s football booster club.

After the injury, the club was added to an Interstate policy taken out by the company that supplied the bungee run.

The club settled for $6.25 million and assigned its rights under the policy to the teen’s mother. A trial judge in Okaloosa County then ordered Interstate to pay her.

Topics Florida

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Latest Comments

  • December 1, 2020 at 9:18 am
    Ken says:
    According to the article HERE, not the newspaper article, the child was injured for using the bungee run 20+ consecutive times. Since your brain is encased in fluid, after hit... read more
  • June 1, 2012 at 3:44 pm
    mrs dean wormer says:
    Evidently the kid had serious brain damage. http://www.nwfdailynews.com/articles/awarded-39266-school-county.html
  • May 31, 2012 at 12:52 pm
    wudchuck says:
    i have a few problems w/the story line... first of all, was the event held on the day of coverage or for a later date? the fact of the insurance is not sole based on when you ... read more

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