MILDRED DANIELS, APPELLANT,
v.
PRISCILLA OWENS, NELLIE YARDE AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, A FOREIGN INSURER, JOINTLY AND SEVERALLY, APPELLEES
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The appellate court affirmed the trial court's judgment granting rescission of a disability insurance policy and reformation of a life insurance policy, while denying the insured's counterclaim for breach of the disability policy.
The court held that the trial court properly granted rescission of the disability policy and reformation of the life policy, and correctly denied the insured's counterclaim for breach of contract.
An insurance company sued for rescission of a disability policy and reformation of a life policy. The insured counterclaimed for breach of the disabil…
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PER CURIAM.
Affirmed. See: Freeman v. Bandlow, 143 So. 2d 547 (Fla.2d DCA 1962); Bailey v. Sympson, 148 So. 2d 729 (Fla.3d DCA 1963); Ingle v. Cochran, 151 So. 2d 63 (Fla.1st DCA 1963); Shaw v. Puleo, 159 So. 2d 641 (Fla.1964); Miller v. James, 187 So. 2d 901 (Fla.2d DCA 1966); Merritt v. Williams, 295 So. 2d 310 (Fla.1st DCA 1974); Lassitter v. International Union of Operating Engineers, 349 So. 2d 622 (Fla.1977); Sweeney v. Wiggins, 350 So. 2d 536 (Fla.3d DCA 1977).
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Reynolds v. Allstate Ins. Co., 400 So. 2d 496 (Fla. 5th DCA 1981)…o. 2d 1350 (Fla.4th DCA 1980). In the absence of effects caused by its movement or ability to move, and circumstances arising from the necessity that its use requires normal ingress and egress to and from it, Padron v. Long Island Insurance Company, 356 So. 2d 1337 (Fla.3d DCA 1978), a vehicle is inherently no different from any other place or object and its existence or use becomes no more than the situs of injuries caused by accidents or intentional acts bearing no causal relationship to its nature as a vehi…
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Hernandez v. Protective Cas. Ins. Co., 473 So. 2d 1241 (Fla. 1985)…s sustained as a result thereof must be considered as arising out of the use of such vehicle. Such an injury originates from, is incident to, and has some connection with the use of the insured motor vehicle....” Padron v. Long Island Insurance Co., 356 So. 2d 1337, 1339 (Fla. 3d DCA 1978) (citation omitted). The fact that petitioner here was injured while being assisted by the police in exiting his vehicle does not change that result. There remains in this case a [*1244] sufficient nexus between petitioner’s…
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Fortune Ins. Co. v. Renal Exilus, 608 So. 2d 139 (Fla. 4th DCA 1992)…ce company. The court stated: In the absence of effects caused by its movement or ability to move, and circumstances arising from the necessity that its use requires normal ingress and egress to and from it, Padron v. Long Island Insurance Company, 356 So. 2d 1337 (Fla. 3d DCA 1978), a vehicle is inherently no different from any other place or object and its existence or use becomes no more than the situs of injuries caused by accidents or intentional acts bearing no causal relationship to its nature as a veh…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lassitter v. Int'l Union OF Operating Eng'rs, 349 So. 2d 622 (Fla. 1976)
- Shaw v. Puleo, 159 So. 2d 641 (Fla. 1964)
- Freeman v. Bandlow, 143 So. 2d 547 (Fla. 2d DCA 1962)
- Bailey v. Sympson, 148 So. 2d 729 (Fla. 3d DCA 1963)
- Miller v. James, 187 So. 2d 901 (Fla. 2d DCA 1966)
- Ingle v. Grover C. Cochran, 151 So. 2d 63 (Fla. 1st DCA 1963)
- Flemmie Birkins, Jr. v. State, 295 So. 2d 310 (Fla. 2d DCA 1974)
- Leila Williams Merritt and Ophelia R. Brooks v. Williams, 295 So. 2d 310 (Fla. 1st DCA 1974)
- Sweeney v. Lorene Wiggins & Allstate Ins. Co., 350 So. 2d 536 (Fla. 3d DCA 1977)