Progressive Express Ins. Co. v. ANZUALDA Bros., INC., etc., 208 So. 3d 1289 (Fla. 1st DCA 2017). · Go Syfert
Progressive Express Ins. Co. v. ANZUALDA Bros., INC., etc., 208 So. 3d 1289 (Fla. 1st DCA 2017). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
Strongest positive: Kevin Marcus Boyd v. State of Florida (fladistctapp, 2019-04-22)
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Fla. Dist. Ct. App. · 2019 · signal: see also · confidence medium
See Aviles v. State, 165 So. 3d 841, 843 (Fla. 1st DCA 2015) (holding that a full-time employment condition of probation was invalid because it did not contain an exception if factors outside of the probationer’s control could prevent completion of the requirement); see also Silas v. State, 208 So. 3d 1289, 1290 (Fla. 1st DCA 2017) (holding that a condition of probation requiring a probationer to obtain a GED was invalid because it did not provide a “good faith effort” exception).
PROGRESSIVE EXPRESS INSURANCE COMPANY, Appellant/Cross-Appellee,
v.
ANZUALDA BROTHERS, INC., a Florida Corporation, Jesus E. Marino Castillo, Individually and as an Employee of Anzualda Brothers, Appellees/Cross-Appellees
CASE NO. 1D15-4700.
District Court of Appeal of Florida, First District.
Feb 10, 2017.
208 So. 3d 1289
Scott A. Cole, Cole Scott & Kissane, P.A., Miami; Joseph T. Kissane, Steven L. Worley, Cole, Scott & Kissane, P.A., Jacksonville, for Appellant/Cross-Appellee., Lincoln J. Connolly, Trials & Appeals, P.A., Miami, for Appellee/Cross-Appellant, Anzualda Brothers, Inc.
Wolf, Makar, Winsor.
Published
WOLF, J.

Appellant, Progressive Express Insurance Company, challenges the trial court’s entry of a declaratory judgment determining that there was insurance coverage in favor of appellee Anzualda Brothers, Inc. by operation of estoppel. Appellant argues it should not have to provide coverage for appellee’s accident, which resulted in the fatality of one victim and the injury of another victim, because the vehicle appel-lee had been driving was not a listed vehicle on the insurance policy, and because appellee failed to prove all three elements of its coverage by estoppel claim.

Appellee cross-appeals, alleging the trial court erred in its refusal to enforce a settlement agreement and consent judgment that were agreed to by appellant and entered in the separate, underlying tort case between appellee and the victims.

We agree with appellant that appellee failed to prove all three elements of its coverage by estoppel claim. 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). Because appellee failed to sufficiently prove prejudice, we reverse, vacate the trial court’s final judgment in favor of ap-pellee, and remand for the trial court to enter final judgment in favor of appellant.

Because we remand for the trial court to enter final judgment in favor of appellant, appellee’s cross-appeal requesting damages from appellant in the amount outlined in the settlement agreement is moot.

MAKAR and WINSOR, JJ., CONCUR.