Florida | Insurance Law
10/30/09, 10:54 am
Legal Question
My father-in-law was killed in a motorcycle accident in Florida. At the time of the accident the driver of the van that hit him admitted full fault to the troopers. His insurance company offered, and we accepted, a settlement amount and signed a release of further claims. Yesterday, when the case went to court (on the driver's charge of negligence) the troopers failed to show. The driver was therefore exonerated of the charges. In light of the exoneration, does this mean that the driver is on longer considered to be at fault for insurance puroposes? Can the insurance company come to us and rescind the settlement, even though we have already received and cashed the check? Would we have a legal obligation to pay them back?
