3rd DCA Holds PIP Insurer Can Retroactively Rescind for Material Misrep in...
Pursuant to Florida Statute Section 627.409, an insurer can retroactively rescind a policy if it later finds a material misrepresentation in the application for insurance. A misrepresentation is...
View ArticleLloyds Estopped from Asserting “Garaging Warranty” by Failing to Deliver Policy
In Lloyds Underwriters v. Keystone Equipment Finance Corp., 25 So3d 89 (Fla. 4th DCA 2009), the insured obtained an insurance policy from Lloyds providing liability coverage on a commercial...
View Article1st DCA Issues New Decision on “Material Misrepresentation” in Application
In Mercury Insurance Company of Florida v. Markham, ____ So.3d ____ (Fla. 3rd DCA April 20, 2010), the application for insurance asked if the subject vehicle had been "rebuilt, salvaged, modified,...
View ArticleBattling Dec Actions Filed Concerning Alleged Material Misrepresentation
My client insures multiple vehicles on his auto policy with Cornerstone National Insurance Company. The auto insurance policy provides liability coverage for bodily injury liability, property damage...
View Article3rd Remands Case for Evidentiary Hearing on Whether Insured Complied with...
In Citizens Property Insurance Corporation v. Maytin, ____ So.3d ____ (Fla. 3rd DCA 2010), the insured homeowner sued Citizens for failing to pay a homeowner’s claim. After filing suit, the insured...
View ArticleDeclaratory Judgment Action For Coverage
My client bought liability insurance for his business. When he presented a claim, his insurance company denied the claim and has voided the policy for what it says were "material misrepresentations"...
View ArticleLawsuit Filed After Insurance Company Claims “Material Misrepresentation” on...
Our client submitted a claim for sinkhole losses at his home. The insurance company denied the claim based on what the insurer claims was a "material misrepresentation" on our client’s insurance...
View Article4th DCA Analyzes Late Notice and Failure to File Proof of Loss
Yesterday, in Kramer v. State Farm Florida Insurance Company, ____ So.3d ____ (Fla. 4th DCA July 18, 2012), the 4th DCA reiterated the analysis courts must go through when evaluating late notice and...
View ArticleFourth DCA Rules on Late Notice and Proof of Loss Issues
Just today, the 4th DCA ruled in Kramer v. State Farm Florida Insurance Company, ____ So.3d ____ (Fla. 4th DCA 2012), where an insured homeowner gave late notice and proof of loss concerning a wind...
View ArticleLate Notice, Appraisal and Prejudice
In State Farm Florida Insurance Company v. Hernandez, 40 FLW D1433a (Fla. 3rd DCA June 17, 2005), State Farm appealed a non-final order compelling appraisal of a homeowners claim. The lawsuit arose...
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