MILDRED DANIELS, APPELLANT,
v.
PRISCILLA OWENS, NELLIE YARDE AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, A FOREIGN INSURER, JOINTLY AND SEVERALLY, APPELLEES

Fla. 3d DCA | 1978-04-04
No. 77-629
Before HENDRY, BARKDULL and KE-HOE, JJ.
356 So. 2d 1337 Florida District Court of Appeal, Third District (1978) Positive Treatment
Cited by 13 cases

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Synopsis

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.


Holding

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.


Facts & Procedural History

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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Opinion of the Court
PER CURIAM.

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).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • 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…
  • 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…
  • 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…

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