27 Fla. L. Weekly Supp. 654a
Online Reference: FLWSUPP 2707CRODInsurance — Automobile — Coverage — Rescission — Where insurer’s underwriting manual authorized policy recission if risk was materially misrepresented and unacceptable by rules of manual, insurer was not permitted to rescind policy of insured who failed to disclose new address that would have necessitated additional premium, but which did not constitute unacceptable risk or violate rules of underwriting manual
SOUTH BROWARD HOSPITAL DISTRICT, a/a/o Carolina Gonzalez Rodriguez, Plaintiff(s)/Petitioner(s) v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant(s)/Respondent(s). County Court, 17th Judicial Circuit in and for Broward County. Case No. COCE18012678, Division 50. September 5, 2019. Mardi Levey Cohen, Judge. Counsel: Robert B. Goldman, Florida Advocates, Dania Beach, for Plaintiff.
ORDER GRANTING PLAINTIFF’S MOTIONFOR FINAL SUMMARY JUDGMENT
THIS CAUSE came before the Court on August 22, 2019 upon the Plaintiff’s Motion for Final Summary Judgment, and the Court having reviewed the motion, having reviewed the summary judgment evidence, having heard argument of counsel and being otherwise fully advised, it is
ORDERED AND ADJUDGED that Plaintiff’s Motion for Final Summary Judgment is GRANTED, for the reasons set forth below:
According to the summary judgment evidence, Sebastian Gonzalez Samur submitted an application for an automobile insurance policy (the “Policy”) to United Automobile Insurance Company (“United Auto”), disclosing his address as 5043 S.W. 71 Place in Miami. United Auto rescinded the Policy, as a result of Mr. Samur’s failure to notify United Auto at the time of the Policy renewal, of his change of address to an address in Miramar, Florida (the “Miramar address”). According to the deposition testimony of United Auto’s Underwriting Supervisor, Jorge de la O, the additional premium associated with the Miramar address would have been $102, had Mr. Samur disclosed the Miramar address at the time of the Policy renewal.
According to ¶14B of United Auto’s Underwriting Manual, “coverage will be rescinded/rejected if a risk is materially misrepresented and unacceptable by the rules in this manual.” United Auto’s Underwriting Supervisor testified that Mr. Samur’s Miramar address did not present an unacceptable risk or violate any of the rules in the United Auto Underwriting Manual; and that United Auto is bound to follow the rules in its Underwriting Manual.
Even if Mr. Samur’s failure to disclose his Miramar address as the correct garaging address constituted a material misrepresentation, since the Miramar address did not constitute an unacceptable risk or violate any of the rules in the United Auto Underwriting Manual, United Auto was not permitted to rescind the Policy, under ¶14B of its Underwriting Manual. It is therefore,
ORDERED AND ADJUDGED that Plaintiff’s Motion for Final Summary Judgment is GRANTED.
