Summary Judgement - Insurance Coverage
Ted Mortell obtained summary judgment in an insurance coverage dispute where the Plaintiff claimed she was entitled to coverage from the insurer, despite a prior non-renewal of the policy. Plaintiff claimed that the insurer failed to notify Plaintiff of the nonrenewal; and that because she executed a modification to the policy in the form of a coverage exclusion, she believed she was covered, and therefore, the insurer could not subsequently deny coverage. The Court found that the insurer did notify Plaintiff of the non-renewal, and that Plaintiff could not create coverage where coverage did not exist, and therefore granted the motion for summary judgment. The 4th DCA upheld the order granting summary judgment.
Edwin “Ted” Mortell, III