9 Fla. L. Weekly Supp. 368b
Insurance — Personal injury protection — Error to enter summary judgment in favor of insurer which denied claim based on alleged material misrepresentation in application since materiality of misrepresentation is a question of fact to be determined by the trier of fact
DAVID B. RAMLACKHAN, Appellant, vs. HARBOR SPECIALTY INSURANCE, Appellee. Circuit Court, 15th Judicial Circuit (Appellate) in and for Palm Beach County, Civil Division. Case No. AP 00-5530 AY. April 15, 2002. Appeal from the County Court in and for Palm Beach County, Robert S. Schwartz, Judge. Counsel: Jeffrey M. Liggio and Jene P. Williams, West Palm Beach, for Appellant. Esther E. Galicia, Ft. Lauderdale, for Appellee.
(PER CURIAM.) The Appellant, David B. Ramlackhan appeals the trial court’s order granting summary judgment in favor of the Appellee, Harbor Specialty Insurance Company. The case involves a personal injury protection (“PIP”) claim which was denied and insurance policy invalidated pursuant to §627.409, Fla. Stat. (2000) after an accident involving the insured, based upon alleged material misrepresentation in the policy application.
The materiality of an insured’s alleged misrepresentation is a question of fact to be determined by the trier of fact. See Haiman v. Federal Insurance Company, 798 So.2d 811 (Fla. 4th DCA 2001) (citing Silverman v. Pitterman, 574 So.2d 275, 276 (Fla. 3d DCA 1991); Beneby v. Midland Nat’l Life Ins. Co., 402 So.2d 1193 (Fla. 3d DCA 1981)).
Based upon the foregoing, the trial court’s order granting summary judgment in favor of Harbor Specialty Insurance Company is hereby REVERSED, and the cause is REMANDED for further proceedings. (BROWN, STERN, McCARTHY, JJ., concur.)
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