BEST AMERICAN DIAGNOSTIC CENTER, A/A/O MARICEL ALVAREZ
v.
UNITED AUTOMOBILE INSURANCE COMPANY

Fla. 3d DCA | 2022-01-26
No. 21-0434
Florida District Court of Appeal, Third District (2022)

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Synopsis

Best American Diagnostic Center appealed a summary judgment rendered in favor of United Automobile Insurance Company regarding coverage denial. The appellate court reversed the trial court's judgment based on the insurer's concession that forfeiture of coverage was unintended, and remanded the case for further proceedings.

Holding

The court reversed the summary judgment and remanded for further proceedings, recognizing that the judgment effected a forfeiture of coverage and relying on the insurer's concession that such forfeiture was unintended.

Headnotes

[1] Summary judgment resulting in forfeiture of insurance coverage may be reversed where the insurer concedes that forfeiture was not its intent.

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Facts & Procedural History

Best American Diagnostic Center, on behalf of Maricel Alvarez, sought coverage under a United Automobile Insurance Company policy. The trial court ent…

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Topics
Forfeiture Of Coverage Advisory Opinion

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Opinion of the Court

Opinion filed January 26, 2022. Not final until disposition of timely filed motion for rehearing.

________________ No. 3D21-0434 Lower Tribunal No. 19-3094 SP ________________ Best American Diagnostic Center, a/a/o Maricel Alvarez,

Appellant,

vs.

United Automobile Insurance Company,

Appellee. An Appeal from the County Court for Miami-Dade County, Lawrence D. King, Judge. David B. Pakula, P.A., and David B. Pakula (Pembroke Pines); Law Office of Fernando J. Pomares, P.A., and Fernando J. Pomares, for appellant. Michael J. Neimand, for appellee. Before SCALES, HENDON and MILLER, JJ. PER CURIAM.

Recognizing that the challenged final summary judgment effects a forfeiture of coverage, and based on appellee United Auto Insurance Company’s concession that it was not its intent for coverage to have been forfeited in this case, we reverse the trial court’s summary judgment and remand for further proceedings.1 Reversed and remanded.

Footnotes
1 At oral argument, United Auto’s counsel conceded that United Auto would have no objection to a reversal of the trial court’s final summary judgment, so long as this Court instructed the trial court, on remand, to disregard any future claim by the appellant for attorney’s fees incurred prior to remand. As appealing, and perhaps appropriate, as such a remand instruction may be, this issue is not currently before us and “Florida’s appellate courts are not authorized to issue advisory opinions.” Merkle v. Guardianship of Jacoby, 912 So. 2d 595, 599 (Fla. 2d DCA 2005).

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