Legal Topics

Insurance — Personal injury protection — Application — Misrepresentations — PIP policy application requesting “names of all drivers in household

Jul 24th, 2019 in News by admin

Insurance — Personal injury protection — Application — Misrepresentations — PIP policy application requesting “names of all drivers in household, names of all children and all persons that use vehicles” is ambiguous — Where insured did not list household resident who has never been driver of vehicle, but did place insurer on notice of unlisted household resident by electing deducible for named insured and dependent resident relatives, insurer cannot rely on omission to rescind policy — Insurer breached policy where it notified medical provider of coverage investigation under section 627.736(4)(i) but failed to pay claim within allotted additional 60 days — Rescission — Policy was not properly rescinded where insurer returned premiums 120 days after it learned of alleged misrepresentation but did not return policy fees until 694 days later and never paid interest on premiums and fees