2007

32 Fla. L. Weekly D1522a
Contracts — Insurance — Life insurance — Torts — Negligence — Action alleging breach of contract by life insurance company and negligence by life insurance company and an individual licensed medical assistant who worked for an entity that provided medical examination services to the company and who assisted insured in the completion of his life insurance application, filed by trust beneficiary of policy and insured’s widow after company rescinded policy following insured’s death after unsuccessful surgery to remove brain tumor — Circuit court properly considered insured’s medical records in ruling on defendants’ motion for summary judgment — Error to grant summary judgment in favor of insurance company on breach of contract claim where factual issue existed concerning what insured knew about his health at time of application — Although the general rule under controlling statute is that “a misstatement in, or omission from, an application for insurance need not be intentional before recovery may be denied pursuant to 627.409,” this rule was inapplicable because the insured’s signed application contained the declaration that the information given was “correctly recorded, complete, and true” “to the best of my knowledge and belief” — Further, insured’s answers to certain question regarding his medical history were impacted by explanations provided by medical assistant — No error in entering summary judgment in favor of medical assistant on negligence claim, as medical assistant owed no legal duty to insured or to plaintiffs — Medical assistant was acting as agent of insurance company in filling out insurance application, and if she negligently misled insured in the application process, the insurance company is “estopped” from relying on resulting errors in the application to deny or revoke coverage

32 Fla. L. Weekly D120b

Administrative law — Licensing — Insurance agents — Default — Order of administrative law judge recommending that Department of Financial Services enter final order determining that application to be licensed as insurance agent “has been granted by operation of law” under default provision of section 120.60(1) — ALJ, who sua sponte raised and decided issue of default after final hearing without giving parties opportunity to present evidence and argument, departed from essential requirements of law by denying DFS due process

32 Fla. L. Weekly D399a

Contracts — Commercial leases — Where landlord filed complaint against tenant for damages to premises caused by fire, trial court erred in dismissing tenant’s third-party complaint asserting indemnification against insurer from whom tenant had obtained commercial policy containing all risk coverage from perils, including fire

32 Fla. L. Weekly D120a

Administrative law — Licensing — Insurance agents — Default — Order of administrative law judge recommending that Department of Financial Services enter final order determining that application to be licensed as insurance agent “has been granted by operation of law” under default provision of section 120.60(1) — ALJ, who sua sponte raised and decided issue of default after final hearing without giving parties opportunity to present evidence and argument, departed from essential requirements of law by denying DFS due process