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MERCURY INS. CO. OF FLORIDA v. MARKHAM

No. 1D09-2054.

36 So.3d 730 (2010)

MERCURY INSURANCE COMPANY OF FLORIDA, Appellant, v. Philip S. MARKHAM, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 4, 2010.

Attorney(s) appearing for the Case

Elizabeth K. Russo, of Russo Appellate Firm, P.A., Miami, and Butler, Pappas, Weihmuller, Katz, Craig, LLP, Tallahassee, for Appellant.

Louis K. Rosenbloum, of Louis K. Rosenbloum, P.A., Pensacola and T. Bradley McRae, of McRae, McRae & Douglas, Lake City, for Appellee.

WETHERELL, J.

Appellant, Mercury Insurance Company of Florida (Mercury), argues that the trial court erred in refusing to recognize its rescission of an insurance policy based upon a material misrepresentation by the insured on the application for insurance. We agree and, therefore, reverse the final judgment entered in favor of Appellee.

In July 2002, Appellee suffered injuries when his foot and ankle were run over...

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