JOSE G. DIAZ AND CARIDAD DIAZ, APPELLANTS,
v.
FLORIDA INSURANCE GUARANTY ASSOCIATION, INC., APPELLEE
PER CURIAM.
The final summary judgment under review is affirmed, with one modification, upon a holding that, as a matter of law, the appellants’ homeowners’ insurance policy did not cover the claimed burglary loss because (1) the structure insured was not a dwelling or residence within the meaning of the subject policy, and (2) even if the structure could be so considered, insurance coverage for the structure was excluded because, at the time of loss, it was a dwelling “under construction” within the meaning of the policy. It is apparent that the homeowners’ policy under consideration was issued based on the appellants’ misrepresentations as to the nature of the insured structure, and that the policy was, therefore, void ab initio. The insurance company appellee, however, did not return any of the insurance premiums collected from the appellants on this policy, and, upon remand, the trial court shall direct such a return. See Arcamonte v. Springfield Life Ins. Co., 353 So. 2d 872, 873 (Fla. 3d DCA 1977), cert. denied, 364 So. 2d 880 (Fla.1978); Aetna Casualty & Surety Co. v. Simpson, 128 So. 2d 420, 424-25 (Fla. 1st DCA 1961). See generally 3A John A. & Jean Appleman, Insurance Law & Practice § 1832 (1941).
Affirmed as modified.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ttsi Irrevocable Tr. v. Reliastar Life Ins. Co., 60 So. 3d 1148 (Fla. 5th DCA 2011)…efund of the premiums paid. In support thereof, TTSI cites to Gonzalez v. Eagle Ins., Co., 948 So. 2d 1 (Fla. 3d DCA 2006), Perlman v. Prudential Ins. Co. of America, Inc., 686 So. 2d 1378 (Fla. 3d DCA 1997), and Diaz v. Fla. Ins. Guar. Ass’n, Inc., 650 So. 2d 675 (Fla. 3d DCA 1995) for the proposition that where a policy is rescinded or declared void, a refund of premiums paid, in part or in whole, is required in order to return to the status quo. These cases are readily distinguishable. In each of these cas…
Authorities Cited
- Gaskill v. Montague, 128 So. 2d 420 (Fla. 3d DCA 1961)
- AETNA Cas. & Sur. Co. v. Simpson, 128 So. 2d 420 (Fla. 1st DCA 1961)
- Seymour v. Alarmtec Int'l Corp., 353 So. 2d 872 (Fla. 4th DCA 1977)
- Arcamonte v. Springfield Life Ins. Co., 353 So. 2d 872 (Fla. 3d DCA 1977)