MUNICIPAL INS. TRUST v. VILLAGE OF GOLF

No. 4D01-4892.

850 So.2d 544 (2003)

FLORIDA MUNICIPAL INSURANCE TRUST, Appellant, v. VILLAGE OF GOLF, a municipal corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Order Denying Rehearing and Certifying Question August 6, 2003.


Attorney(s) appearing for the Case

Michael T. Burke of Johnson, Anselmo, Murdoch, Burke & George, Fort Lauderdale, for appellant.

Kenneth G. Spillias, Kevin S. Hennessy and Eric Ash of Lewis Longman & Walker, PA., West Palm Beach, for appellee.


KLEIN, J.

The primary issue we address in this appeal is whether an insurer, when the policy excludes coverage, can be estopped to deny coverage if it negligently investigates a claim before suit is filed, and the insured is prejudiced. The jury found appellant insurer was estopped from denying coverage, but the insurer argues that a verdict should have been directed in its favor. We conclude that estoppel can apply here, but reverse for a new trial because of an...

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