In a recent decision by the 17th Judicial Circuit in and for Broward County, Florida, Eric R. Cruz v. Security National Ins. Co., Case No. CACE 20-00612 (07), Feb. 24, 2023, the court granted the defendant insurer’s motion to dismiss the plaintiff’s amended complaint. According to JD Supra, the plaintiff, had sought a declaration regarding whether the insurer had a duty to process and pay reimbursement for his mileage when traveling for treatment without the insurer having been given a reimbursement request by the insured.
The court’s ruling serves as a critical reminder to the insured that an insurer does not have a duty to investigate potential transportation costs unless the insured notifies the insurer that they are seeking a claim for the same. This ruling underscores the importance of communication between the insured and the insurer as part of the claims process.
It signifies that while insurers are required to act in good faith and honor their contractual obligations, they are not required to investigate all potential claims in the absence of explicit representation by the insured.
The insured has to notify the insurer about their intent to claim any incurred cost related to their treatment. This would involve keeping all relevant documentation such as mileage logs or receipts to substantiate their claim.
As such, it can be inferred that insured parties must take an active role in communicating their claim intentions with their respective insurers. They should ensure they maintain transparent and proactive communication throughout the claims process.