Bass v. Armor Insurance Co.
Bass v. Armor Insurance Co.
Opinion of the Court
Appellant, who seeks personal injury protection benefits under a policy of liability insurance covering an automobile in which he was a passenger, appeals a summary final judgment below rendered in favor of Armor Insurance Company. The lower court found that the insured gave false and misleading information to the insurer in her application by failing to identify a person whom she knew may, in the future, drive the insured vehicle. The lower court erred in entering summary judgment in favor of Armor because there is evidence in the record that would permit a jury to find that the insured’s answer to the particular question on the application was not false or misleading.
REVERSED and REMANDED.
Concurring Opinion
concurring specially.
I fully concur with the majority. Additionally, as applied to the facts of this case, I find ambiguity in the policy application question which elicited the allegedly false or misleading response.
. The policy application asked:
2. Have all drivers, such as children away from home or in college, who may operate your vehicle on a REGULAR or INFREQUENT basis, been listed on this application? [Emphasis in original].
Case-law data current through December 31, 2025. Source: CourtListener bulk data.