Volume 28

28 Fla. L. Weekly Supp. 30a

Online Reference: FLWSUPP 2801BLOO

Insurance — Personal injury protection — Application — Misrepresentations — PIP insurer waived right to rescind policy for alleged material misrepresentation in application where insurer did not rescind policy upon learning that rescission right existed but, rather, continued to recognize the continued existence of policy by sending explanations of benefits and notice letters and breached policy by failing to pay or deny claim within thirty days or ask for more time to investigate claim under section 637.736(4)(i)

28 Fla. L. Weekly Supp. 79a

Online Reference: FLWSUPP 2801TAVI

Insurance — Personal injury protection — Application — Misrepresentations — Although PIP policy states that insurer has right to recompute premium based on subsequently obtained information and allow policy to continue, there is nothing in policy that requires insurer to exercise that right rather than rescind the policy — Nothing in policy required insurer to afford insured an opportunity to pay additional premium before it could rescind policy for material misrepresentation that occurred when insured failed to disclose existence of licensed household resident

28 Fla. L. Weekly Supp. 403a

Online Reference: FLWSUPP 2805HARR

Insurance — Personal injury protection — Rescission of policy — Material misrepresentations on application — Omission of household member — Insurer violated PIP statute by failing to pay or deny claim within 30 days and failed to invoke additional time limitation under section 627.736(4)(i) — Rescission of policy was improper

28 Fla. L. Weekly Supp. 76a

Online Reference: FLWSUPP 2801GONZ

Insurance — Application — Misrepresentations — Summary judgment — Evidence — Hearsay — Exceptions — Unsworn, unsigned telephonic statement of insured regarding residents of his household at time he completed insurance application is not admissible as summary judgment evidence under either business records exception or former testimony exception to hearsay rule — To extent affidavits filed by insurer in support of summary judgment based on material misrepresentation defense rely on or quote from insured’s statement, statements are stricken from record — Insurer may not use insured’s statement for any purpose at trial or summary judgment

28 Fla. L. Weekly Supp. 403b

Online Reference: FLWSUPP 2805MUNG

Insurance — Personal injury protection — Coverage — Denial of coverage and rescission of policy based upon insured’s alleged failure to list correct garaging address — Insurer was in breach of contract and insurer’s rescission of the policy was improper because insurer violated PIP statute by failing to pay or deny claim within 30 days and did not invoke the additional time limitation under section 627.736(4)(i)

28 Fla. L. Weekly Supp. 11a

Online Reference: FLWSUPP 2801ESCA

Insurance — Personal injury protection — Application — Material misrepresentations — Error to enter summary judgment in favor of medical provider on material misrepresentation defense where insurer identified summary judgment evidence from which jury could have concluded that insured made material misrepresentation regarding garaging location of vehicle in order to procure policy — No error in entering summary judgment on issues of reasonableness, relatedness, and necessity of treatment where provider established prima facie case on issues and insurer presented no countervailing evidence

28 Fla. L. Weekly Supp. 487a

Online Reference: FLWSUPP 2806IMPE

Insurance — Automobile — Personal injury protection — Application — Misrepresentations — Materiality — Business use — Evidence — Examination under oath is admissible under exception to hearsay rule applicable to admission by party and statement by opposing party — Policy was properly rescinded, and therefore void ab initio, based on misrepresentation on policy application regarding use of vehicle for business purposes or commercial use for ridesharing services

28 Fla. L. Weekly Supp. 483a

Online Reference: FLWSUPP 2806PETE

Insurance — Automobile — Personal injury protection — Application — Misrepresentations — Materiality — Garage address — Evidence — Examination under oath is admissible under exception to hearsay rule applicable to admission by party and statement by opposing party — Policy was properly rescinded, and therefore void ab initio, based on insured’s failure to disclose correct garaging address of insured vehicle

28 Fla. L. Weekly Supp. 480a

Online Reference: FLWSUPP 2806RROD

Insurance — Automobile — Personal injury protection — Application — Misrepresentations — Materiality — Regular operator of insured vehicle — Policy was properly rescinded, and therefore void ab initio, based on insured’s failure to disclose son as regular operator of insured vehicle

28 Fla. L. Weekly Supp. 424a

Online Reference: FLWSUPP 2805ROBE

Insurance — Automobile — Coverage — Application — Motion for reconsideration of order finding that insured’s failure to disclose brother with whom she lives was material misrepresentation that entitled insurer to rescind insurance contract is denied — Application was not ambiguous, and deposition of insurer’s corporate representative was admissible evidence of materiality of misrepresentation