26 Fla. L. Weekly Supp. 618a
Online Reference: FLWSUPP 2608MORAInsurance — Misrepresentation — Genuine issues of fact exist regarding misrepresentation where neither party had full recall of the questions asked by insurance agent and accuracy of answers given by insured during insurance application meeting
SOUTH MIAMI HEALTH CENTER, INC., a/a/o Maria Mora, Appellant, v. EQUITY INSURANCE COMPANY, Appellee. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 2017-000361-AP-01. L.T. Case No. 2015-008581-CC-25. October 11, 2018. An Appeal from the County Court for Miami-Dade County, Judge Gina Beovides. Counsel: G. Bart Billbrough, for Appellant. Leonardo G. Renaud, for Appellee.
(Before JUDGE CHARLES JOHNSON, JUDGE MILTON HIRSCH, JUDGE MARTIN ZILBER, JJ. (panel).)
(PER CURIAM.) Equity Insurance Company, the Appellee in this case, did not file a response brief, nor did they take part in oral argument. In any event, the facts of the case at bar mirror closely the facts in Patterson v. Cincinnati Ins. Co. 564 So.2d 1149 (Fla. DCA 1990), in that the insurance representative did not recall the particular insurance application meeting. Regarding that meeting, she could only testify as to her agency’s typical protocol of going through the application with the applicant and filling in their answers to each question. Neither party has full recall of the conversations between the insured and the insurance representative. Genuine issues of material fact exist regarding the alleged misrepresentation. Because the evidence is not conclusive, the extent of the questions asked by the agent, the accuracy of the answers given by the insured, and the insured’s misrepresentation are questions of fact to be decided by the trier of fact. Travelers Ins. Co. v. Zimmerman, 309 So.2d 569, 570 (Fla. 3d DCA 1975). As such, we must reverse and remand for trial.
