17 Fla. L. Weekly Supp. 289a
Online Reference: FLWSUPP 1704MELLInsurance — Application — Misrepresentations — Where insured failed to disclose husband in application, and insurer returned premium, policy was void, and insurer was not required to provide coverage for insured’s claim
MILLENNIUM DIAGNOSTIC IMAGING CENTER, INC. as assignee of JENNIFER MELLA-QUEIPO, Plaintiff, vs. DIRECT GENERAL INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 07 28122 CC 23 (5). January 25, 2010. Lisa Walsh, Judge. Counsel: Richard S. Shuster, for Plaintiff. Cary C. Woods, for Defendant.
ORDER GRANTING DEFENDANT’S MOTION FOR FINAL SUMMARY JUDGMENT
THIS CAUSE having come on for hearing on the Defendant’s Motion for Final Summary Judgment, and the Court having heard argument of counsel on November 24, 2009, and otherwise being fully advised in the premises, it is, hereby,
ORDERED AND ADJUDGED:
1. Defendant’s Motion for Final Summary Judgment is hereby GRANTED.
2. After review of the uncontested facts, the Court determined that Jennifer Mella-Queipo violated Florida Statute §627.409, based on her failure to include her husband in the application for her insurance policy with Direct General Insurance Company which was dated August 28, 2002.
3. As a direct result of this material misrepresentation there was no meeting of the minds necessary to form a valid insurance contract. Furthermore, the Court determined that Direct General properly returned said premium to Jennifer Mella-Queipo. Therefore, said policy was void ab initio and Direct General was not required to provide coverage for the subject claim. See United Automobile Insurance v. Salgado, 34 Fla. L. Weekly D1578a (Fla. 3d DCA August 5, 2009).
WHEREFORE, Final Summary Judgment is hereby entered by the Defendant, and should go hence without day. The Court reserves jurisdiction to determine taxable fees and cost.
