2013

38 Fla. L. Weekly D950a
114 So. 3d 1031

Insurance — Homeowners — Misrepresentation on application — Where insured falsely answered “no” to question of whether insured had been convicted of a felony in the last ten years, and policy provided that policy would be void if insured has made a false statement, trial court erroneously required that insurer prove that misrepresentation was an intentional misrepresentation before the insureds’ claim could be denied and the policy voided — Where jury found that the policy would not have been issued if the truth regarding insured’s criminal history had been known to insurer, the policy is void

38 Fla. L. Weekly D85a
104 So. 3d 384

Insurance — Homeowners — Appraisal — Error to enter order compelling appraisal where there was no agreement between parties to appraise loss as required by appraisal provision in policy

38 Fla. L. Weekly D2401a
134 So. 3d 1071

Insurance — Homeowners — Coverage — Denial — Misrepresentations on application — Evidence — Where insurer denied coverage for fire on ground that insured made material misrepresentation when he stated to insurer’s telephone representative that his home had a burglar alarm, and insured denied making this statement, trial court did not err in admitting into evidence a consent order entered into by insurer with the Florida Department of Financial Services and allowing a witness from the Department to testify that the conduct that led to the consent order included fact that unlicensed agents were giving quotes “based on every available discount” and that insurer’s software auto-populated discounts whether or not an applicant claimed to have a device that would warrant a discount — Evidence was relevant and not unduly prejudicial — Jury instructions — Error in instructing jury about an adverse inference that could be drawn from a failure to produce evidence was harmless where instruction let jury decide whether there was evidence within insurer’s control that it could have preserved, but did not suggest to jury that insurer failed to produce evidence within its control

38 Fla. L. Weekly D424a
113 So. 3d 957

Insurance — Automobile liability — Appeals — Order determining insurance coverage — Court does not have jurisdiction of appeal of partial final judgment that resolves declaratory count of three-count complaint against insurer for declaratory relief, breach of contract, and bad faith for failure to defend and indemnify driver of vehicle in wrongful death action — Because complaint reflects that the three counts are based on the same facts and are intertwined, allowing an appeal of the partial judgment on the declaratory count would foster impermissible piecemeal review — Appeal dismissed — Conflict certified

38 Fla. L. Weekly D49d
103 So. 3d 1011

Insurance — Rescission — Misrepresentations on application — Error to enter final summary judgment allowing insurer to rescind policy for material misrepresentations on policy renewal application where there were genuine issues of material fact as to whether waiver or estoppel barred rescission, given evidence from which jury could conclude that shortly after insured law firm was sued for malpractice in early 2006, the insurer was made aware of the facts it now claims justify rescission, but insurer did not assert rescission until late 2007, and during interim, insurer defended firm, settled another claim on the policy, and took other actions that were inconsistent with rescission upon which the insured firm relied to its detriment

38 Fla. L. Weekly D1834a
120 So. 3d 217

Insurance — Appeals — Certiorari — Petition by insurer for writ of certiorari from trial court orders denying motion to abate insurance bad faith action and denying motion for protective order from bad faith discovery — Certiorari jurisdiction is lacking because insurer is not materially harmed and has adequate remedy on appeal from a final order — A nonfinal order denying a motion to dismiss an insurance bad faith action is not subject to certiorari review — Alleged deficiency in civil remedy notice served by insureds is not reviewable by certiorari — Petition dismissed

38 Fla. L. Weekly D1376a
115 So. 3d 441

Administrative law — Department of Financial Services — Licensing — Insurance agents — Suspension — Lack of fitness or trustworthiness to engage in business of insurance — Sale of unregistered securities — Error to suspend insurance agent’s license for sale of unregistered securities in the form of viatical settlements where the viatical settlements were not securities under the law in effect at time of sale

38 Fla. L. Weekly S511a
117 So. 3d 943

NOT FINAL VERSION OF OPINION
Subsequent Changes at 38 Fla. L. Weekly S616b

Insurance — Home health care — Limited home health care policy is ambiguous — Under reasonable interpretation of policy, the automatic benefit increase percentage provision of policy applies to per occurrence maximum benefit and lifetime maximum benefit amount as well as daily benefit amount — Under Florida law, where the policy is ambiguous it must be construed against the insurer and in favor of coverage without resort to extrinsic evidence

38 Fla. L. Weekly D1558c
117 So. 3d 476

Administrative law — Licensing — Insurance adjusters — Licensee failed to establish any statutory ground upon which court might set aside Department of Financial Services order denying application for reinstatement of insurance adjuster’s license which had been suspended when licensee entered plea of nolo contendere to felony involving moral turpitude — Department was not bound by its suspension order to reinstate license after expiration of suspension period upon licensee’s application — Amendment to statute establishing 15-year disqualification period was not applied retroactively where application was submitted and pending after effective date of amendment