Volume 24

24 Fla. L. Weekly Supp. 85a

Online Reference: FLWSUPP 2401PILLInsurance — Homeowners — Appraisal — Assignee, who was not party to insurance contract, is entitled to participate in appraisal process — Insured may participate in appraisal process, but is not compelled to do so — Litigation is stayed pending appraisal

24 Fla. L. Weekly Supp. 328a

Online Reference: FLWSUPP 2405ROTHInsurance — Homeowners — Water mitigation — Trial court erred in determining that homeowner was indispensable party to action by water mitigation company against insurer for unpaid balance of reduced claim where homeowner assigned post loss insurance benefits to company — Trial court erred in determining that appraisal provision of policy was validly and timely invoked where insurer invoked provision after suit was filed, after homeowner assigned benefits to water mitigation company, and after insurer acknowledged valid assignment by making partial payment to company — Trial court erred in determining that appraisal is binding where insurer improperly failed to include water mitigation company/assignee in appraisal process — Summary disposition reversed and remanded

24 Fla. L. Weekly Supp. 549c

Online Reference: FLWSUPP 2407MADRInsurance — Automobile — Windshield repair — Appraisal — Action for unpaid balance of claim for windshield repair is stayed pending appraisal

24 Fla. L. Weekly Supp. 539a

Online Reference: FLWSUPP 2407MBOSInsurance — Appraisal — Action for breach of contract alleging that insurer accepted claim as compensable but failed to pay repair bill in full is dispute as to amount of loss, to which appraisal provision of policy is applicable, not coverage dispute — Prohibitive cost policy is not applicable to appraisal process — Case is stayed pending appraisal

24 Fla. L. Weekly Supp. 222a

Online Reference: FLWSUPP 2403BOSSInsurance — Personal injury protection — Application — Material misrepresentations — Person visiting and staying with insured and also staying with other friends and relatives while vacationing in United States from Peru was not “resident” of insured’s household whom insured was required to disclose on application for PIP policy — Evidence — Examination under oath of insured is inadmissible hearsay where statement was not given under oath at trial or other legal proceeding and was not subject to cross-examination — Hearsay exceptions applicable to statements of parties are not applicable to statement of insured who is assignee, not party to action

24 Fla. L. Weekly Supp. 987a

Online Reference: FLWSUPP 2411MARTInsurance — Application — Misrepresentations — Rescission of policy — Omission of name of resident of household was material misrepresentation where policy would have been issued at higher premium if insured had disclosed this information — Policy was voided due to the insured’s material misrepresentation — Insurer’s motion for summary judgment granted

24 Fla. L. Weekly Supp. 770a

Online Reference: FLWSUPP 2409DUPEInsurance — Personal injury protection — Application — Misrepresentations — Named insured made misrepresentation on application for PIP policy by failing to list his wife and her sister as residents of household — Policy is void where unrebutted affidavit of insurer’s underwriter established that misrepresentation was material to risk assessed and that provision of correct information would have resulted in higher premium and modification of policy terms — Because policy is void ab initio, no coverage is afforded to medical provider despite fact that provider’s patient/assignor was not resident of insured’s household and was not party to misrepresentation

24 Fla. L. Weekly Supp. 749a

Online Reference: FLWSUPP 2409PONDInsurance — Personal injury protection — Application — Material misrepresentations — Insured’s failure to disclose daughter residing at insured’s secondary place of residence did not constitute material misrepresentation on application for PIP policy — Application that requests that insured disclose all residents of “your” household and all persons who reside at applicant’s residence is ambiguous and must be construed in favor of insured

24 Fla. L. Weekly Supp. 76a

Online Reference: FLWSUPP 2401CGONInsurance — Personal injury protection — Rescission — Material misrepresentations on application — Where insured misrepresented to insurer at time of application that he had continuous insurance coverage for previous 12 months and insured would not have been eligible for any coverage by insurer had true facts been known, insurer was entitled to rescind policy

24 Fla. L. Weekly Supp. 886a

Online Reference: FLWSUPP 2410ORIDInsurance — Personal injury protection — Application — Material misrepresentations — Evidence — Examination under oath of insured is admissible evidence in support of motion for summary judgment — Hearsay — Exceptions — EUO is admissible as admission of party opponent — Where evidence establishes that insured misrepresented on application for PIP policy the existence of other residents of her household age 15 and older and that this misrepresentation was material to risk assessed, policy was void ab initio and no coverage is afforded