A Central Florida family was awarded nearly $45 million for wrongful death and personal injury caused by a car accident in Lakeland. Two little girls died after the pickup in which they were riding was struck by a large truck. The mother of one of the girls was driving the pickup and was seriously injured in the accident. More tragically, she was pregnant at the time and lost her unborn baby.

In the aftermath of this horrible accident, law enforcement officers found fault with the driver of the large truck. Apparently, the commercial sized truck had made a left turn in front of the pickup. Investigation also revealed that the children on-board were not wearing seatbelts.

Under these circumstances, Progressive Auto Insurance, the insurer of the commercial truck decided to take the case to trial. Rather than settle the claim when given the opportunity to do so, Progressive found it appropriate to let a jury decide this matter. Of course, we know that Progressive Insurance’s decision has obviously placed the financial security of its insured in great peril.

This case illustrates how Florida drivers are dependent on car insurance companies to properly protect them when they are involved in an accident. Florida law requires a car insurance company to settle cases whenever it can and should be done to prevent a verdict in excess of the insured’s insurance policy limits. However, that does not always happen. This case illustrates that an insurance company may choose to gamble with the financial well-being of its insured.