Florida Insurance Blog

Florida Insurance Blog

Providing Insight Into Florida Insurance Law and Litigation

Mark A. Nation is Board Certified in Civil Trial Law, and also in Business Litigation Law by the Florida Bar. Although there are about 100,000 attorneys in Florida, less than 100 hold these two Board Certifications...MORE

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Fourth DCA Rules on Late Notice and Proof of Loss Issues

Posted in Complying with Policy Conditions, Coverage Questions, Homeowners Insurance

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 damage claim. Ultimately, the insurance company in this case won on summary judgment.  But, the important part of this case… Continue Reading

Declaratory Judgment Action For Coverage

Posted in Business Insurance, Declaratory Judgment Actions, Misrepresentation in Application

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

3rd Remands Case for Evidentiary Hearing on Whether Insured Complied with Presuit Conditions

Posted in Complying with Policy Conditions

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

Battling Dec Actions Filed Concerning Alleged Material Misrepresentation

Posted in Complying with Policy Conditions, Coverage Questions, Misrepresentation in Application

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

1st DCA Issues New Decision on “Material Misrepresentation” in Application

Posted in 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, 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

Lloyds Estopped from Asserting “Garaging Warranty” by Failing to Deliver Policy

Posted in Auto Insurance, Complying with Policy Conditions

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

3rd DCA Holds PIP Insurer Can Retroactively Rescind for Material Misrep in Application

Posted in Misrepresentation in Application, PIP

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