Kara M. Carper, of the Miami office, successfully opposed a plaintiff’s motion for summary judgment based on novel grounds in a PIP case. Specifically, plaintiff, an assignee medical provider, argued that, as a matter of law, the defendant insurer could not rely on an insured’s misrepresentation in the policy application as a coverage defense, as the plaintiff provider was an “innocent assignee” of the insured. Kara successfully opposed this motion, arguing plaintiff could not create coverage where none exists by creative arguments and attempts to stretch the “innocent insured” doctrine beyond its limits. The trial court agreed, observing that the cases relied on by plaintiff largely involved property losses where coverage was already established and a bad act by one insured, such as a misrepresentation during the investigation of the claim, did not bar an innocent insured’s right of recovery. Accordingly, the court denied plaintiff’s motion and held the defense is entitled to rely on the affirmative defense of the insured’s material misrepresentation in the policy application, which, if established at trial, will void coverage from the inception of the policy.
Locations
9100 South Dadeland Blvd.
Suite 1800
Miami, FL. 33156 305.374.1212
125 West Romana St.
Suite 550
Pensacola, FL 32502 850.434.0003
1705 Metropolitan Blvd.
Suite 202
Tallahassee, FL 32308 850.222.5188
201 South Orange Ave.
Suite 475
Orlando, FL 32801 407.245.3630
13350 Metro Parkway
Suite 401
Fort Myers, FL 33966 239.334.8403
402 Applerouth Lane
Suite 2C
Key West, FL 33040 305.509.7300
1 Independent Drive
Suite 1601
Jacksonville, FL 32202 904.396.0062
1396 NE 20th Ave.
Suite 500
Ocala, FL 34470 352.622.4222
400 North Ashley Drive
Suite 1200
Tampa, FL 33602 813.204.9776
110 East Broward Blvd.
Suite 1400
Fort Lauderdale, FL 33301 954.768.0011
1700 Palm Beach Lakes Blvd.
Suite 800
West Palm Beach, FL 33401 561.640.0303
11 North Water St.
Suite 10290
Mobile, AL 36602 251.308.3351