25 Fla. L. Weekly Supp. 382b
Online Reference: FLWSUPP 2504NODAInsurance — Automobile — Summary judgment in favor of insurer is precluded by factual questions as to whether rental car expenses arose as consequence of insurer’s denial of coverage based on material misrepresentation and whether those damages should be covered under rental reimbursement provision of policy or as consequential damages under property damage provision of policy
MICHEL CAPDEVILLA NODAR, Plaintiff, vs. WINDHAVEN INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 14-CC-022923, Division M. May 24, 2017. Herbert M. Berkowitz, Judge.
ORDER
THIS MATTER having come before the court on May 22, 2017 on Defendant’s Motion for Final Summary Judgment as to All Counts and a Case Management Conference. The court having considered the arguments presented by the parties, applicable law, and being otherwise fully advised, finds,
1. There is a fact question whether the rental car expenses arose as a consequence of the Defendant’s denial of coverage for material misrepresentation.
2. The Defendant has already paid for a portion of these consequential damages.
3. A factual question exists as to whether these damages should be covered under the rental reimbursement provision of Defendant’s policy or as consequentialdamages under the property damage provision of Defendant’s policy.
4. Defendant’s Motion for Final Summary Judgment as to All Counts is HEREBY DENIED.
5. This matter was previously scheduled for jury trial the week of March 20, 2017. Said trial was continued. A Jury Trial is scheduled in this matter for the week of June 26, 2017. The PTC shall occur on June 20, 2017 at 9:30 AM.
