Coffey Trial Law Files Suit Against Infinity Assurance Insurance Company For Diminished Value Cases

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Coffey Trial Law has filed an action for declaratory judgement against Infinity Assurance Insurance Company on behalf of policyholders whose claims for loss of use or diminished value have been denied by Infinity Assurance.

Coffey Trial Law has filed an action for declaratory judgment in the case of Ola McKenzie v. Infinity Assurance Co., and BMW Financial Services, NA, LLC Case No. COCE 16-017753-DIV 49, in Broward County. The civil action seeks declaratory relief against Infinity Assurance Insurance Company, a Birmingham, Alabama insurer providing car insurance nationwide. Infinity Assurance Insurance Company provides automobile insurance through more than 12,500 independent agents throughout the United States.

Coffey Trial Law is pursuing the action for declaratory judgment against Infinity Assurance Insurance Company on behalf of a Hallandale Beach policyholder, Ola McKenzie. Coffey Trial Law is seeking to have the court declare, as a matter of law, that Infinity Assurance Insurance Company policies provide McKenzie and other policy holders coverage for diminished value claims and for loss of use claims.

According to the Complaint for Declaratory Relief, Infinity Assurance Insurance Company has disclaimed responsibility for a diminished value claim against policyholder McKenzie. Infinity has allegedly declined to pay legal fees and damages in the diminished value case against policyholder McKenzie. The diminished value case, Case No. COWE-16-004422, filed in the 17th Judicial Circuit in and for Broward County, Florida, was initiated by BMW with McKenzie named as defendant.

According to relevant court filings, BMW sought more than $10,000 in damages from McKenzie on behalf of a lessee. Damages allegedly resulted from the diminished value the lessee experienced following an automobile accident. BMW asserted in case filings that the Infinity Assurance policyholder McKenzie negligently caused the motor vehicle accident and resulting diminished value. McKenzie sought indemnification from Infinity Assurance Insurance Company but coverage was denied.

The Complaint for Declaratory Relief requests the court to adjudicate the rights and liabilities of the parties with respect to the insurance policy. The Complaint requests the court enter a mandate that coverage exists for the diminished value claim under the policy terms. The Complaint also asks the court to mandate that Infinity indemnify and defend the policyholder in the claim brought by BMW for diminished value and loss of use during the period of vehicle repair after an accident.

Policyholders pay substantial premiums for indemnification against losses. The objective of this action is to compel Infinity Assurance Insurance Company to pay diminished value claims and loss of use claims. Actions for declaratory relief may be filed pursuant to Chapter 86 Florida Statutes, and Coffey Trial Law believes there is a bona fide present need for declaratory relief.

Sam Coffey, Esq.
Coffey Trial Law
500 N.E. Fourth Street, Suite 100
Fort Lauderdale, FL 33304
Phone: (954) 541-3194

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Sam Coffey, Esq.
since: 03/2016
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