CASES - Civil
Torts -- Conversion -- Trial court properly found that defendant did not commit conversion of RV where
defendant had right to repossess RV upon plaintiffs' default on sales agreement, and it is undisputed that
plaintiffs failed to make payments due and defaulted under terms of sales agreement -- Even if plaintiffs were
somehow entitled to possession of RV, plaintiffs did not demand its return or demonstrate that such a demand
would have been futile -- Trial court's finding that defendant did not commit conversion of plaintiffs' personal
belongings was supported by competent, substantial evidence -- Even if defendant had kept plaintiffs' personal
belongings as alleged, plaintiffs did not demand their return or demonstrate that such a demand would have
been futile
Reported at 33 Fla. L. Weekly D460c
Insurance -- Personal injury protection -- Coverage -- Where court determined that insured's misrepresentation on application for personal injury protection coverage was not material and did not void the policy and entered judgment in favor of provider/assignee in its claim against PIP insurer for treatment provided to insurer, and insurer did not appeal that judgment, insurer was collaterally estopped from bringing consolidated appeal challenging, on ground that insured's misrepresentations voided coverage, judgments in favor of provider/assignee for treatment provided to insured's passengers for injuries sustained in same accident -- Possible mistake of law in judgment in favor of provider as assignee of named insured does not disqualify it as final judgment for purposes of collateral estoppel -- Mistake of law cannot be remedied by rule 1.540(b) motion filed by PIP insurer
Courtesy of Florida Law Weekly Subscriptions (800) 351-0917
Reported at 33 Fla. L. Weekly D460c
Insurance -- Personal injury protection -- Coverage -- Where court determined that insured's misrepresentation on application for personal injury protection coverage was not material and did not void the policy and entered judgment in favor of provider/assignee in its claim against PIP insurer for treatment provided to insurer, and insurer did not appeal that judgment, insurer was collaterally estopped from bringing consolidated appeal challenging, on ground that insured's misrepresentations voided coverage, judgments in favor of provider/assignee for treatment provided to insured's passengers for injuries sustained in same accident -- Possible mistake of law in judgment in favor of provider as assignee of named insured does not disqualify it as final judgment for purposes of collateral estoppel -- Mistake of law cannot be remedied by rule 1.540(b) motion filed by PIP insurer
Courtesy of Florida Law Weekly Subscriptions (800) 351-0917

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