Florida: No Ex Post Facto Comp Coverage Allowed

Where an insurance broker secured a policy of workers’ compensation insurance for a client an hour or so afterone of the client’s employee had suffered a work-related accident, without disclosing to the carrier that the accident and injury had occurred, yet the policy bound over coverage beginning at 12:01 a.m. of the day of the incident—technically before the accident had occurred—there was, nevertheless, no coverage afforded the insured. Reversing a decision by the Judge of Compensation Claims, which held that coverage existed at the time of the accident, the appellate court stressed that Florida’s insurance laws provided coverage for incidents that mightoccur, not those that had already taken place.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Normandy Ins. Co. v. Sorto, 2018 Fla. App. LEXIS 15382 (1st DCA, Oct. 31, 2018)

See generally Larson’s Workers’ Compensation Law, § 150.02.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

For a more detailed discussion of the case, see