2016

NOT FINAL VERSION OF OPINION
Subsequent Changes at 41 Fla. L. Weekly D1133a

Insurance — Homeowners — Appraisal — Claim by assignee that trial court erred by compelling appraisal “with the named insured” not considered on appeal where order simply granted motion to compel appraisal and, in hearing on the motion, trial court simply told parties to “work it out” when asked whether it was requiring insured himself to comply with appraisal terms

41 Fla. L. Weekly D2064a
201 So. 3d 710

Insurance — Homeowners — Rescission of policy — Material misrepresentations in application — Loss history — Determination that insured’s misrepresentations on application were material and affected insurer’s decision to issue or renew policy was supported by sufficient evidence, including insured’s admissions during examination under oath and unrebutted testimony of assistant vice president in insurer’s underwriting department — Because policy specifically disclaimed coverage if one or more insureds intentionally concealed or misrepresented any material fact or circumstance, applicant’s material misrepresentations were properly imputed to co-owner — No error in ruling that rescission of homeowners policy was proper

41 Fla. L. Weekly D1909a
199 So. 3d 380

Insurance — Uninsured motorist — Appeals — Appeal of order which adjudicated only claim that policy provided stacked uninsured/underinsured motorist coverage is premature where intertwined counts remain pending — Rule of Appellate Procedure 9.110(m) provides for interlocutory appeals for third-party claims, and not for first-party claims seeking UM/UIM benefits

41 Fla. L. Weekly D1431a
197 So. 3d 597

Insurance — Homeowners — Rescission of policy — Misrepresentations on application — Insurer was entitled to rescission of policy due to insureds’ misrepresentation on application that home had a central station alarm monitoring for smoke, temperature, and burglary, where misrepresentation was material to the issuance of the policy, and misrepresentation was relied upon by insurer in issuing the policy

41 Fla. L. Weekly D1865a
195 So. 3d 1202

Appeals — Insurance — Appeal from judgment finding entitlement to coverage dismissed for lack of jurisdiction in view of pendency of separate trial on liability and damages against driver, with possible recovery against insurer under policy