Volume 8

8 Fla. L. Weekly Supp. 330a

Insurance — Personal injury protection — Arbitration — Trial court correctly denied motion to dismiss and compel arbitration under contractual arbitration clause which was clearly based on unconstitutional statutory provision

8 Fla. L. Weekly Supp. 40a

Insurance — Homeowners — Insured contending that damage to home is attributable to blasting in neighboring vicinity or other causes falling within coverage afforded under all risk policy — Motion to compel appraisal as to cause of loss is denied, as cause of loss is not issue subject to appraisal — Motion to compel appraisal as to amount of loss is granted

8 Fla. L. Weekly Supp. 474a

Insurance — Misrepresentations on application — Claim that insurer accepted premiums with actual or constructive knowledge of prior motor vehicle accidents that insured failed to disclose in application for insurance and cannot now seek to escape liability on basis of same facts it knew or should have known when it issued policy — Insurer is entitled to rely on representations of insured in insurance application without checking all of its files to determine if insured is committing a fraud, even where the fact or condition falsely represented by the insured is easily discernible by the insurer — Summary judgment in favor of insurer affirmed

8 Fla. L. Weekly Supp. 121a

Insurance — Automobile — Insured’s action for personal injury protection benefits and lost wages brought against insurer which refused to make payment on ground that insured made material misrepresentation in application by failing to list other resident of household — Summary judgment inappropriate where discovery is still not complete and it has not been established that there exists a “complete absence of genuine triable issues of material fact” — Insurer’s motion for summary judgment denied

Additional ruling in this case at 9 Fla. L. Weekly Supp. 57c

8 Fla. L. Weekly Supp. 112a

Insurance — Automobile — Insurer’s motion for summary judgment on ground that policy was void ab initio because of material misrepresentations on policy application granted — Omission of name of member of household over age fourteen residing in insured’s home was material misrepresentation — Insurer did not contract away its right to void policy for material misrepresentation — Application not ambiguous

8 Fla. L. Weekly Supp. 762b

Insurance — Personal injury protection — Rescission of policy — Material misrepresentations on application — Action for PIP benefits, brought by passenger in insured’s vehicle — Record contains substantial competent evidence to support summary judgment in favor of plaintiff who argued that requirement that insured list “all operators of the vehicles listed above and all persons whom have reached the age of 15 and reside with the named insured” only required insured to list persons who were household residents over the age of 15 and operators of the vehicle

8 Fla. L. Weekly Supp. 275b

Insurance — Homeowners — Actual cash value — Appeal of partial summary judgment that term “actual cash value” includes general contractor overhead and profit — Where homeowners elected to recover under actual cash value provision of policy rather than repair or replacement cost, the meaning of “actual cash value” under the Actual Repair Rule, which provides that insurer’s liability for repair or replacement cost does not arise until after repair or replacement has been completed, was inapplicable since repairs did not need to be made in order to recover under ACV provision — While ACV means fair market value, term is ambiguous concerning whether it includes or excludes contractor’s profit and overhead — Ambiguous exclusionary provision construed in favor of insured — Partial summary judgment affirmed — Attorney’s fees — Homeowners’ motion for attorney’s fees provisionally granted, subject to their ultimately prevailing in underlying litigation