· 11/27/1985
Southern United Life Ins. Co. v. Caves
Citations
- 481 So. 2d 764
- 55 A.L.R. 4th 233
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- Notwithstanding absence of an arguable basis, punitive damages may be unjustified in a case involving an \honest mistake or oversight ordinary or simple negligence not reaching the heightened status of an `independent tort.'\
- failure of plaintiff to obtain summary judgment or a directed verdict on the underlying policy claim eliminates punitive damage issue
- \We have come to term an insur[er] ... which refused to pay a claim when there is no reasonably arguable basis to deny it as acting in `bad faith.'\
- knowledge of an expressly or apparently-authorized agent is imputed to the insurer, and \the condition of insurability [is] effectively waived and the acts [of the agent] are binding upon the [insurer]\
- wherein the court held that an agent's knowledge of the applicant's preexisting heart condition was imputed to the insurer
- insurer permitted agent to actually insure anyone at her discretion; no written application or inquiry into prospective insured’s health required, thus principal deemed to intend to insure the world
Source: CourtListener parenthetical corpus (CC0).
Judges: Patterson, C.J., and Hawkins and Anderson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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