Wednesday, February 3, 2010

First District Oral Arguments Relating To Bad Faith, Insurable Interest and Equitable Estoppel

There were (at least) two interesting oral arguments before the First District last week.  As is explained at the bottom of the post, the court did not find either interesting and affirmed both within days of the respective arguments.

This first case involved a number of issues including bad faith and equitable estoppel.  The case style is Cessna Aircraft Co. v. Certain Underwriters at Lloyd's, London, et al (1D09-2497) and the video is below:

video

The second was in the case of First Protective Insurance Company v. Mitchell (1D08-5727).  The issue before the court was whether the insured had an insurable interest in the property.  The insured did not own the property at the time of loss, however, was under contract to purchase the property (with the option to back out).  The video is below:


   video

The court did not find either the First Protective or the Cessna case as interesting and issued a per curiam affirmance in both cases two days after the respective arguments.  The First Protective decision can be viewed HERE and the decision in Cessna can be viewed HERE.

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