Mercury Insurance Co. of Florida v. Markham

36 So. 3d 730, 2010 Fla. App. LEXIS 5232, 2010 WL 1542645
CourtDistrict Court of Appeal of Florida
DecidedApril 20, 2010
Docket1D09-2054
StatusPublished
Cited by5 cases

This text of 36 So. 3d 730 (Mercury Insurance Co. of Florida v. Markham) 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
Mercury Insurance Co. of Florida v. Markham, 36 So. 3d 730, 2010 Fla. App. LEXIS 5232, 2010 WL 1542645 (Fla. Ct. App. 2010).

Opinions

WETHERELL, J.

Appellant, Mercury Insurance Company of Florida (Mercury), argues that the trial court erred in refusing to recognize its rescission of an insurance policy based upon a material misrepresentation by the insured on the application for insurance. [731]*731We agree and, therefore, reverse the final judgment entered in favor of Appellee.

In July 2002, Appellee suffered injuries when his foot and ankle were run over by a Ford F-250 truck owned by Michael Roberts and insured under a policy issued by Mercury. After Appellee’s claim was filed, Mercury rescinded the policy, returned Roberts’ premium, and refused to defend the claim based upon an alleged material misrepresentation made by Roberts in the insurance application. Appellee subsequently settled with Roberts for $350,000, and as part of the settlement, Roberts assigned his claims against Mercury to Appellee and Appellee agreed to •withhold execution against Roberts.

Appellee moved for partial summary judgment against Mercury, arguing that the denial of coverage to Roberts was improperly based upon the ambiguous term “modified” contained in a question on the application for insurance. The trial court granted the motion, finding that the “policy wording is ambiguous” and that insurance coverage existed as a matter of law because the ambiguity in the insurance application must be construed in favor of eoverage.

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Related

Mora v. Tower Hill Prime Insurance Company
155 So. 3d 1224 (District Court of Appeal of Florida, 2015)
Mercury Insurance Co. of Florida v. Markham
36 So. 3d 730 (District Court of Appeal of Florida, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
36 So. 3d 730, 2010 Fla. App. LEXIS 5232, 2010 WL 1542645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mercury-insurance-co-of-florida-v-markham-fladistctapp-2010.