Summary
holding that insurance company has no duty to explain coverage to an applicant "unless the applicant asks for an explanation" and that a party who signs an instrument "cannot deny its contents on the ground that he signed it without reading it unless he shows facts indicating circumstances which prevented his reading it"
Summary of this case from Quality Diagnostic Healthcare Inc. v. The Responsive Auto. Ins. Co.Opinion
No. 79-437.
December 28, 1979.
Appeal from the Dade County Circuit Court, Francis X. Knuck, J.
Kuvin, Klingensmith Lewis and R. Fred Lewis, Genden Bach, Miami, for appellant.
Talburt, Kubicki Bradley and Betsey E. Hartley, Miami, for appellee.
Before PEARSON and HUBBART, JJ., and CHAPPELL, BILL G., Associate Judge.
The final judgment appealed from is affirmed upon a holding that (a) an insurance company has no duty to explain uninsured motorist coverage to an insurance applicant unless the applicant asks for an explanation; Lopez v. Midwest Mutual Insurance Company, 223 So.2d 550 (Fla.3d DCA 1969); Auto-Owners Ins. Co. v. Yates, 368 So.2d 634 (Fla.2d DCA 1979); and (b) a party who signs his name to an instrument cannot deny its contents on the ground that he signed it without reading it unless he shows facts indicating circumstances which prevented his reading it. All Florida Surety Co. v. Coker, 88 So.2d 508 (Fla. 1956); Allied Van Lines, Inc. v. Bratton, 351 So.2d 344 (Fla. 1977). See also Sutton v. Crane, 101 So.2d 823, 825 (Fla.2d DCA 1958).
Affirmed.