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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.