Jose Ramos Rodriguez v. The Responsive Auto Insurance Company
A Lyft driver's auto policy was rescinded after the insurer discovered his application falsely denied business/livery use of the vehicle. The Third DCA affirmed summary judgment for the insurer under section 627.409, holding that the insured's affidavit claim that the agent filled in the fields without eliciting his answers—absent any assertion that he supplied correct information, was prevented or induced from reading, or that the agent concealed or deceived—was insufficient to estop the insurer or excuse the insured's duty to learn the contents of the application before signing.
Key facts
- Lyft driver Jose Ramos Rodriguez applied for auto insurance from Responsive Auto Insurance Company, falsely denying that he used the vehicle for business or livery purposes.
- After discovering the misrepresentation, the insurer rescinded the policy; Rodriguez claimed the insurance agent filled in the application fields without obtaining his answers.
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Why it matters
A useful published decision for insurers defending rescission claims under section 627.409, especially in the rideshare/livery-use context, and for plaintiffs it maps precisely what an insured's affidavit must allege to… — full analysis with a trial
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