Legal Opinion · Concurrence

Bass v. Armor Insurance Co.

District Court of Appeal of Florida

Decided December 10, 1993No. 93-1298Published

1ConcurrenceGoshorn, Judge

I fully concur with the majority. Additionally, as applied to the facts of this case, I find ambiguity in the policy application question which elicited the allegedly false or misleading response.1 This ambiguity must be construed in favor of the policyholder. See Harris v. Carolina Life Ins. Co., 233 So.2d 833 (Fla.1970); Abrams v. General Ins. Co., 508 So.2d 436 (Fla. 3d DCA 1987); Gaskins v. General Ins. Co. of Fla., 397 So.2d 729 (Fla. 1st DCA 1981).. The policy application asked:

2. Have all drivers, such as children away from home or in college, who may operate your vehicle on a REGULAR…

2Cases cited3 opinions

  1. Harris v. Carolina Life Insurance CompanySupreme Court of Florida · 1970
  2. Gaskins v. General Ins. Co. of FloridaDistrict Court of Appeal of Florida · 1981
  3. Abrams v. GENERAL INSURANCE COMPANY INC.District Court of Appeal of Florida · 1987

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