25 Fla. L. Weekly Supp. 562a

Online Reference: FLWSUPP 2506SANTInsurance — Coverage — Application — Material misrepresentation — Where insurer failed to appear at hearing setting matter for trial, pretrial conference, or trial, and insured’s unrefuted evidence showed that no material misrepresentation occurred, insurer is ordered to provide coverage to insured

KELLI SANTEE, Plaintiff, v. WINDHAVEN INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 17-CC-010852. August 21, 2017. Michael Williams, Judge. Counsel: Timathy A. Patrick, Patrick Law Group, P.A., Tampa, for Defendant.

FINAL JUDGMENT

This action came before the court on a non-jury trial on August 21, 2017. Timothy A. Patrick appeared for Plaintiff. No one appeared for Defendant. Defendant was properly noticed at filings@windhaveninsurance.com. The court having considered the Motion, the issues, the arguments presented, applicable law, and being otherwise fully advised, finds,

1. Defendant failed to appear at the hearing on May 1, 2017 setting this matter for trial.

2. This matter was set for trial by court order dated May 2, 2017. Defendant failed to respond to the court ordered provisions of said court order.

3. Defendant failed to appear at the Pre-Trial Conference on August 7, 2017.

4. Defendant failed to appear at the non-jury trial in this matter on August 21, 2017 at 9:00 AM.

5. Plaintiff, Kelli Santee, and Plaintiff’s counsel appeared at trial.

6. The court attempted to call Defendant’s counsel of record at four (4) different phone numbers listed on Defendant’s pleadings.

7. The court also contacted Defendant’s local counsel in its Tampa office, not withstanding that said local counsel had never filed any Notice of Appearance. Local counsel John Mollaghan & Daniel Smith were both contacted and stated they had not been previously noticed and were unable to attend trial. The court denied Mr. Smith’s oral request for a continuance.

8. The court went forward with the trial whereby Plaintiff presented testimony from the Plaintiff, Kelli Santee.

9. Based upon the unrefuted evidence presented by the Plaintiff, this court finds that no material misrepresentation occurred and enters a declaration of insurance coverage in favor of the Plaintiff. Defendant is hereby ordered to provide insurance coverage to the Plaintiff for all insurance coverage purchased by the Plaintiff.

10. It is ORDERED and ADJUDGED that Declaratory Judgement is entered in favor of the Plaintiff.

11. The court reserves jurisdiction as to attorney’s fees and costs. [See 26 Fla. L. Weekly Supp. 41b]