25 Fla. L. Weekly Supp. 827a
Online Reference: FLWSUPP 2509LEONInsurance — Declaratory judgments — Jurisdiction — County court has subject matter jurisdiction of declaratory action seeking determination as to whether insurer committed material misrepresentation on insurance application despite fact that combined coverages sought by insured exceed county court’s jurisdictional limit
ANGELA LEON, Plaintiff, vs. WINDHAVEN INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 14-CC-024399. Division M. October 31, 2017. Herbert M. Berkowitz, Judge. Counsel: Timothy A. Patrick, Patrick Law Group, P.A., Tampa.
ORDER DENYING DEFENDANT’S MOTION TO DISMISSFOR LACK OF SUBJECT MATTER JURISDICTION
THIS MATTER having come before the court on October 23, 2017 on Defendant’s Motion to Dismiss for Lack of Subject Matter Jurisdiction. The court having considered the arguments presented by the parties, applicable law, and being otherwise fully advised, finds,
1. Defendant’s Motion to Dismiss for Lack of Subject Matter Jurisdiction is HEREBY DENIED.
2. The court finds that the present action is solely a Declaratory action seeking a coverage declaration.
3. Defendant presented the case of Elisias v. GEICO Ins. Co., 118 So.3d 919 (Fla. 4th DCA 2013) [38 Fla. L. Weekly D1630a] for the proposition that the combined coverages sought by Plaintiff exceed $20,000.00, which exceeds the county court’s jurisdictional limit of $15,000.00. The court find the Elisias case to be distinguishable as Plaintiff’s declaratory action deals with a first party coverage determination as to whether the Plaintiff committed a material misrepresentation in the application for insurance. Alternatively, Elisias dealt with a personal injury lawsuit which had been filed against GEICO’s insured, Elisias, and whether GEICO had a duty to defend its insured.
4. The county court and circuit court have concurrent jurisdiction over declaratory actions. Defendant’s argument would remove subject matter jurisdiction from the county court in every case involving a coverage declaration inasmuch as multiple coverages are involved in most insurance policies. However, each coverage provision is a distinct and separate entity.
