9 Fla. L. Weekly Supp. 626a
Insurance — Automobile — Summary judgment is entered for insured on insurer’s claim for rescission where insurer failed to return entire policy premium and application fee within reasonable time
EMMA C. ALMEIDA, Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Dade County, Small Claims Division. Case No. 01-7244-SP 25 (1). July 2002. Wendell M. Graham, Judge. Counsel: Brian Tenzer, Richard Patiño, P.A., Hialeah, for Plaintiff. Lewis Mertz, Troy Ferguson & Associates, P.A., for Defendant.
ORDER ON PLAINTIFF’S MOTION FORPARTIAL SUMMARY JUDGMENT(Material Misrepresentation)
THIS CAUSE having come to be heard on April 19, 2002 on Plaintiff’s Motion for Partial Summary Judgment and the Court having considered the Pleadings, evidence of record, heard argument of counsel, and being otherwise advised in the premises finds as follows:
1. Defendant failed to return the entire policy premium and application fee within a reasonable time.
2. Based upon the aforementioned facts and based upon Bankers Ins. Co. v. General No-Fault Ins. Co., 27 Fla. L. Weekly D778a (Fla. 4th DCA 2002) and Leonardo v. State Farm Fire & Cas. Co., 675 So. 2d 176 (Fla. 4th DCA 1996), it is hereby ordered and adjudged that Plaintiff’s Motion for Partial Summary Judgment is hereby GRANTED.
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