STATE FARM FIRE AND CASUALTY COMPANY, PETITIONER,
v.
EXECUTIVE HEALTH SERVICES, INC. AND WAYNE O. MONTGOMERY, M.D., RESPONDENTS
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PER CURIAM.
We accepted review of Executive Health Services, Inc. v. State Farm Fire and Casualty Co., 498 So. 2d 1268 (Fla. 2d DCA 1986), because of apparent conflict with Six L’s Packing Co. v. Florida Farm Bureau, 276 So. 2d 37 (Fla.1973), and because it presented the same issue as the certified question of great public importance in Crown Life Insurance Co. v. McBride, 472 So. 2d 870 (Fla. 4th DCA 1985). Having now issued Crown Life Insurance Co. v. McBride, 517 So. 2d 660 (Fla.1987), which resolves the issue consistent with the district court decision below and distinguishes the apparent conflict with Six L’s, we determine that we do not have jurisdiction. Therefore, the petition for review is denied.
No motion for rehearing will be accepted. Fla.R.App.P. 9.330(d).
It is so ordered.
OVERTON, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur. MCDONALD, C.J., and EHRLICH, J., dissent.
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Nova Cas. Co. v. Waserstein, 424 F. Supp. 2d 1325 (S.D. Fla. 2006)…surer to deny coverage, summary judgment for insurer was reversed because “a representation made after issuance of the policy and before the incident giving rise to a claim under the policy can estop the insurer from denying coverage”), aff'd, 520 So.2d 561, 561 (Fla. 1988) (expressly stating that decision below is consistent with McBride). See also Peninsular Life Ins. Co. v. Wade, 425 So.2d 1181, 1182-83 (Fla. 2d DCA 1983); Homrich v. American Chambers Life Ins., 594 So.2d 348, 350 (Fla.…
Authorities Cited
- Crown Life Ins. Co. v. McBRIDE, 517 So. 2d 660 (Fla. 1987)
- SIX L'S Packing Co., Inc. v. Fla. Farm Bureau Mut. Ins. Co., 276 So. 2d 37 (Fla. 1973)
- Crown Life Ins. Co. v. McBRIDE, 472 So. 2d 870 (Fla. 4th DCA 1985)
- Executive Health Servs., Inc. v. State Farm Fire & Cas. Co., 498 So. 2d 1268 (Fla. 2d DCA 1986)