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 late submission of Proof of Loss cases. In Kramer, the insured homeowners claimed that their home was damaged by a hurricane. However, they … Continue Reading
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 application. When evaluating the “material misrep” issue, the court’s look at the insurance application, and the insurance company must point to a specific question that the … Continue Reading
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” on the application for insurance. Specifically, the insurer says that my client misrepresented that he renovated hotel rooms and that he subbed out much … Continue Reading
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 moved to compel appraisal. Citizens argued that the insured prevented the insurer from fully inspecting the property, thereby precluding him from invoking the appraisal clause. The … Continue Reading
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 liability for damage to other vehicles, and collision coverage for damage to his vehicles. My client’s friend, while driving one of his vehicles (with his consent), is alleged … Continue Reading
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, altered, or specially built/customized?" Markham – the applicant - stated "no" to this question. Prior to the application Markham had put large tires and a … Continue Reading
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 tractor-trailer. The policy’s effective date was November 30, 2004. The tractor-trailer was stolen December 18, 2004. The policy provided coverage for loss due to theft, but Lloyds … Continue Reading
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 "material" if the misrepresentation was material to the acceptance of the risk by the insurer, or, if the insurer in good faith would not have issued the policy … Continue Reading
A new case out of the Second District reveals how important it is for an insured to comply with the provisions of the insurance contract. In Amica Mutual Insurance Company. v. Drummond, 32 Fla. L. Weekly D2907, 2007 WL 4270593 (Fla. 2nd DCA December 7, 2007), the court determined the insurer was not obligated to … Continue Reading
