13 Fla. L. Weekly Supp. 1214b
Insurance — Personal injury protection — Application — Misrepresentations — Court finds application was filled out properly and there is no evidence of material misrepresentation by failure to list household members based on insured’s affidavit, which states that insured was the only driver and that insured’s mother, father and brother resided in separate household
Affirmed at 16 Fla. L. Weekly Supp. 213c
NAIROVYS BELL, Plaintiff/Petitioner, v. AFFIRMATIVE INSURANCE COMPANY, Defendant/Respondent. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 05-09596, Division I. September 8, 2006. Charlotte W. Anderson, Judge. Counsel: Timothy A. Patrick, Nicholas, Lipscomb & Patrick, P.A., Tampa, for Plaintiff. David Lucey, for Defendant.
ORDER GRANTING FINAL SUMMARY JUDGMENT
THIS CAUSE came before the Court on August 23, 2006, on Plaintiff/Petitioner’s Amended Motion For Final Summary Judgment. Present before the court were Plaintiff’s counsel, Timothy A. Patrick, and Defendant’s counsel, David Lucey, Esquire. The court, after considering the evidence presented, hearing argument of counsel and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED as follows:
1. Plaintiff/Petitioner filed this Petition for Declaratory Relief seeking a declaration that automobile insurance coverage exists for the Plaintiff/Petitioner, BELL for an accident of December 8, 2004.
2. The issue before the court is the Defendant’s affirmative defense of material misrepresentation for failure to list household members.
3. In its pleadings, Defendant alleges that its insured, Nairovys Bell, committed a material misrepresentation by failing to disclose material facts on her application for insurance, by failing to list all household residents, including her mother, father and brother. Defendant asserts that said failure to disclose material facts voids the subject policy from its inception.
4. The court finds that there is no record evidence of any material misrepresentation.
5. The court finds that the application was filled out properly based on the Plaintiff’s Affidavit which stated the following: (a) Plaintiff BELL was the only driver of the vehicle; (b) her mother, father and brother resided in a separate household residence.
6. There are no material issues in dispute.
7. Therefore, Plaintiff/Petitioner’s Amended Motion for Final Summary Judgment is HEREBY GRANTED.
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