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First District Court of Appeal reverses trial court's entry of declaratory judgment that insurance coverage existed due to operation of estoppel doctrine against insurer

On February 10, 2017, in Progress Express Insurance Company v. Anzualda Brothers, Inc., No. 1D15-4700, the 1st DCA reversed the trial court's entry of declaratory judgment that insurance coverage existed due to operation of estoppel doctrine against an automobile insurer. The case involved involved a driver in a fatal automobile accident who was driving a vehicle that was not listed on his insurance policy. The 1st DCA noted that In an insurance coverage by estoppel claim, the plaintiff must prove (1) the defendant company made a representation of material fact; (2) the plaintiff reasonably relied on that representation of material fact; and (3) the plaintiff was prejudiced by its reliance. Bishop v. Progressive Express Ins. Co., 154 So. 3d 467, 468 (Fla. 1st DCA 2015). Without further explanation, the 1st DCA ruled that the plaintiff had failed to sufficiently prove prejudice. The 1st DCA vacated the trial court's final judgment in favor of the plaintiff and remanded the case for entry of a final judgment in favor of the insurance company.

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