Florida Court of Appeals: Insurer Not Allowed Current Offsets For Undefined Future Workers Comp Benefits

The Florida Court of Appeals held that an insurer may not take an offset for undefined future workers comp payments when paying out for uninsured motorist coverage.  The opinion was written narrowly to specifically address only those cases where workers comp benefits have not been resolved in a manner that gives the claimant a present claim to liquidated future damages.  The case is USAA Casualty Ins. Co. v. McDermott, 2006 WL 1359640 (Fla.App. 2 Dist. May 19, 2006).  The normal rule with UM coverage is that it shall not duplicate workers comp, personal injury protection or similar benefits, but shall be over and above those benefits.

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