Legal Opinion · Concurrence

Certain Underwriters at Lloyd's London v. Jimenez

District Court of Appeal of Florida

Decided June 15, 2016No. 15-0054Published

1Concurrence

WELLS, J.,

specially concurring.

I agree that the final judgment entered below must be reversed. The undisputed evidence is that the homeowners falsely represented in their applications for fire insurance coverage that their home had a monitored central station alarm system; that these representations were material to the insurer’s decision to insure the risk; *604and that the insurer relied on these representations in issuing the fire insurance coverage at issue. On this record, the insurer was entitled to rescission of the policy at issue. See § 627.409(1), Fla. Stat. (2007); United Auto. Ins.…

2Cases cited2 opinions

  1. Gonzalez v. Eagle Ins. Co.District Court of Appeal of Florida · 2006
  2. UNION AMERICAN INS. CO. v. FernandezDistrict Court of Appeal of Florida · 1992

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