Insurer Doesn't "Waive" Goodbye To Coverage Defenses By Making A Payment

Does an insurer "open coverage" or "acknowledge coverage" for a claim by making a payment? No, it doesn't. The Third DCA confirmed: an insurer does not waive its coverage defenses, such as policy exclusions or breaches of policy conditions, by making a payment. United Automobile Insurance Company v. Stand-Up MRI of Miami, Inc. a/a/o Omaira Perez, No. 3D21-71, 2021 WL 3889261 (Fla. 3d DCA Sept. 1, 2021). In United Auto, Omaira Perez and her two children were involved in a car accident. Perez and her children sought treatment and assigned their rights to two providers, including Stand-Up MRI. Both providers filed PIP claims with United Auto. United Auto paid benefits for all claims submitted by the first provider and for all claims for the children submitted by Stand-Up. At the time of the accident, Perez was driving a vehicle that an insured owned but was not listed on the policy with United Auto. The policy excluded coverage for an accident involving a vehicle that an