Tallahassee, FL asked in Car Accidents for Florida

Q: I was involved in a car accident where the other party was deemed liable, but the insurance wants to cancel their policy

A week ago, I was in a left turn lane heading southbound and slowing down to a red light, when a car tried coming out of a gas station and t-boned me. Long story short, I called their insurance two days later and filed a claim. They did the same. I spoke to the adjuster today, and he said the other party's story matched up and they are liable, but the insurance company (windhaven) is launching an investigation into the insured on the grounds of "material misrepresentation." The way the adjuster explained it, was that if the insured had misrepresented any materials at the time of acquiring the policy, they would not have been insured to begin with and therefore would be an uninsured motorist at the time of the accident. I researched Florida law and found that there is a 90 day consideration period, and then 45 days notice to cancel a policy. Can the company claim the insured never had a policy?

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