Security National Insurance Co. v. Gonzalez
After a jury verdict on bodily injury and loss of consortium claims, the trial court joined the at-fault driver's insurer to the amended final judgment under the nonjoinder statute, relying on Macedo and Gray to find the policy's 'supplementary payments' clause covered proposal-for-settlement fees. The Second District reversed, holding that because the insureds had rejected bodily injury coverage and the only covered (property damage) claim had been settled and dismissed, the nonjoinder statute did not apply and no supplementary-payments obligation arose. It further held that the insurer's gratuitous 'courtesy defense' and its failure to use the words 'reservation of rights' could not create coverage by estoppel.
Key facts
- Security National Insurance Co. provided property damage coverage but the insureds rejected bodily injury coverage under the policy.
- A jury returned a verdict on bodily injury and loss of consortium claims; the property damage claim had been settled and dismissed before trial.
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Why it matters
This decision gives insurers a strong defense against attempts to extend Macedo/Gray 'supplementary payments' liability for offer-of-judgment fees to claims the policy never covered, and confirms that joinder under… — full analysis with a trial
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