Bass v. Armor Insurance Co.

District Court of Appeal of Florida

Bass v. Armor Insurance Co.

627 So. 2d 1288, 1993 Fla. App. LEXIS 12153, 1993 WL 504378

CourtDistrict Court of Appeal of Florida

DecidedDecember 10, 1993

DocketNo. 93-1298

StatusPublished

This text of 627 So. 2d 1288 (Bass v. Armor Insurance Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bass v. Armor Insurance Co., 627 So. 2d 1288, 1993 Fla. App. LEXIS 12153, 1993 WL 504378 (Fla. Ct. App. 1993).

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GRIFFIN, Judge.

Appellant, who seeks personal injury protection benefits under a policy of liability insurance covering an automobile in which he was a passenger, appeals a summary final judgment below rendered in favor of Armor Insurance Company. The lower court found that the insured gave false and misleading information to the insurer in her application by failing to identify a person whom she knew may, in the future, drive the insured vehicle. The lower court erred in entering summary judgment in favor of Armor because there is evidence in the record that would permit a jury to find that the insured’s answer to the particular question on the application was not false or misleading.

REVERSED and REMANDED.

PETERSON, J., concurs. GOSHORN, J., concurs and concurs specially with opinion.

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GRIFFIN, Judge.

Appellant, who seeks personal injury protection benefits under a policy of liability insurance covering an automobile in which he was a passenger, appeals a summary final judgment below rendered in favor of Armor Insurance Company. The lower court found that the insured gave false and misleading information to the insurer in her application by failing to identify a person whom she knew may, in the future, drive the insured vehicle. The lower court erred in entering summary judgment in favor of Armor because there is evidence in the record that would permit a jury to find that the insured’s answer to the particular question on the application was not false or misleading.

REVERSED and REMANDED.

PETERSON, J., concurs. GOSHORN, J., concurs and concurs specially with opinion.

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Bluebook (online)

627 So. 2d 1288, 1993 Fla. App. LEXIS 12153, 1993 WL 504378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bass-v-armor-insurance-co-fladistctapp-1993.

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