Comprehensive Benefit Administrators, Inc. v. Nu-Cape Construction, Inc.
Docket: No. 89-01049
Court: District Court of Appeal of Florida; August 30, 1989; Florida; State Appellate Court
Summary judgment against the defendant insurer has been affirmed, establishing that there is coverage under a group health insurance policy for medical expenses related to the cancer of an employee's wife. The trial court ruled that coverage was not negated by a misrepresentation in the insurance application regarding the wife's cancer condition. The relevant question in the application was deemed ambiguous, leading to differing interpretations about whether it referred to a current or prior condition. The court correctly interpreted this ambiguity against the insurer, consistent with precedents such as Hulse v. Blue Cross/Blue Shield of Florida, Inc., and others. The ruling was unanimously affirmed by the judges.