Fort Myers auto accident

With most auto accidents in Fort Myers, if it happens here, the proper court in which to file it will be within the 20th Judicial Circuit Court, Civil Division.

Still, one of the first things the court will want to establish is jurisdiction, which is the official power to make legal decisions and judgments. There are generally two types of jurisdiction: Personal (over the individual involved) and Subject Matter (over the circumstances of the case). There is also a third prong sometimes mentioned called Procedural (over the specific procedures involved).

The purpose of jurisdiction is to ensure the right laws are applied and the right court is handling the case. In most cases, if a car accident happens here, it’s the local civil court that will have jurisdiction to hear the injury claims. However, there could be circumstances under which that’s not true.

Take for example the car accident lawsuit of Woodward v. Taylor, recently before the Washington State Supreme Court. Continue reading ›

A foreign exchange student from Spain, seriously injured in a crash while riding in a friend’s car, was insured by her host family’s uninsured/ underinsured motorist benefits, the Oklahoma Supreme Court ruled.

In a case that could serve as a guide in other jurisdictions, justices reviewing the facts of Serra v. Estate of Broughton sought to clarify whether the term “ward” in the auto insurance policy should be defined as a court-ordered arrangement or as its ordinary meaning. The court chose the latter, thereby extending benefits to the injured teen.

Although every auto insurance policy may vary, most contain provisions that extend coverage to resident relatives, frequent drivers and, in some cases, “wards.” In this case, the term “ward” wasn’t defined in the policy, but the trial court decided it should be defined as it had been statutorily. That meant applying a statutory definition in which the individual had a formally-appointed guardian or conservator over his or her person or property. On appeal, plaintiff argued that “ward” should be defined as an ordinary term because the policy lacked a definition and thus was ambiguous in this regard. When insurance policies are ambiguous, courts have generally held disputes should be determined in favor of the insured. Continue reading ›

Articles Tagged with Fort Myers auto accident

Woodward v. Taylor – Jurisdiction in Crash Case

Serra v. Estate of Broughton – Exchange Student to Receive UM/ UIM Benefits of Host Family