Wegener v. International Bankers Ins. Co.
Cases that cite this one
16 later published cases cite this decision.
- Baytree, Condominium, Section Eight, Inc. v. Clear Blue Specialty Insurance Company (11th Cir. 2026)
- CCER Investments LLC v. Scottsdale Insurance Company (United States District Court for the Southern District of Florida 2025)
- SafePoint Insurance Company v. Sonia Schnepel, A/K/A Sonia Miller (Fla. Dist. Ct. App. 2024)
- HERSHEL BRYANT and BETTY BRYANT v. GEOVERA SPECIALTY INSURANCE COMPANY (Fla. Dist. Ct. App. 2019)
- Ifergane v. Citizens Property Ins. Corp. (Fla. Dist. Ct. App. 2017)
- Keenan Hopkins Schmidt & Stowell Contractors, Inc. v. Continental Casualty Co. (United States District Court for the Middle District of Florida 2009)
- MERCURY INS. CO. OF FLORIDA v. Anatkov (Fla. Dist. Ct. App. 2006)
- Shaps v. Provident Life & Accident (11th Cir. 2001)
- Shaps v. Provident Life & Accident (11th Cir. 2001)
- Audrey Shaps v. Provident Life & Accident Insurance Company, Provident Life and Casualty Insurance Company, a Foreign Corporation (11th Cir. 2001)
- Companion v. Liberty Mutual Insurance (Fla. Dist. Ct. App. 1997)
- Cooke v. Insurance Co. of North America (Fla. Dist. Ct. App. 1995)
- Pasteur Health Plan, Inc. v. Salazar (Fla. Dist. Ct. App. 1995)
- International Bankers Insurance Co. v. Wegener (Fla. Dist. Ct. App. 1989)
- Nu-Air Manufacturing Company v. Frank B. Hall & Co. Of New York (11th Cir. 1987)
- Nu-Air Manufacturing Co. v. Frank B. Hall & Co. (11th Cir. 1987)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
George D. WEGENER and Wanda W. Wegener, Appellants,
v.
INTERNATIONAL BANKERS INSURANCE COMPANY, Appellee.
District Court of Appeal of Florida, Third District.
Paul Richard Bloomquist, Boynton Beach, for appellants.
Fenster and Faerber and Stacie L. Cohen, Plantation, for appellee.
Before SCHWARTZ, C.J. and DANIEL S. PEARSON and JORGENSON, JJ.
PER CURIAM.
After a jury verdict for the insureds in an action on a policy of mortgage guaranty insurance, the trial court granted the carrier's reserved motions for directed verdict and entered judgment in its favor. We reverse upon the holdings that (a) the jury could properly have found that the insurer's purported cancellation of the policy was unjustified under its terms, see St. Paul Fire & Marine Insurance Co. v. Mayor's Jewelers of Ft. Lauderdale, Inc., 465 F.2d 317 (5th Cir. 1972); Cat 'N Fiddle, Inc. v. Century Insurance Co., 213 So.2d 701 (Fla. 1968); cf. Hernandez v. Leiva, 391 So.2d 292 (Fla. 3d DCA 1980), and that (b) as a matter of law, the effect of the thusfound-to-be-improper repudiation of coverage was to waive any right to insist upon the insureds' necessarily-thus-futile compliance with the various conditions to recovery including notice and the preservation of the carrier's subrogation rights upon which the insurer now seeks to rely. Indian River State Bank v. Hartford Fire Ins. Co., 46 Fla. 283, 35 So. 228 (1903); Tillis v. Liverpool & London & Globe Ins. Co., 46 Fla. 268, 35 So. 171 (1903); Paz v. Allstate Insurance Co., 478 So.2d 849 (Fla. 3d DCA 1985); Aristonico Infante v. Preferred *260 Risk Mutual Insurance Co., 364 So.2d 874 (Fla. 3d DCA 1978); Cunningham v. Austin Ford, Inc., 189 So.2d 661 (Fla. 3d DCA 1966), cert. dismissed, 198 So.2d 829 (Fla. 1967); American Fidelity Fire Insurance Co. v. Johnson, 177 So.2d 679 (Fla. 1st DCA 1965), cert. denied, 183 So.2d 835 (Fla. 1966).
Because the trial court has not yet passed upon the carrier's motion for new trial, the cause is remanded for consideration of that motion, see Prime Motor Inns, Inc. v. Waltman, 480 So.2d 88, 90 (Fla. 1985), in accordance with the principles stated in this opinion, and for further proceedings not inconsistent herewith.
Reversed and remanded with directions.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.