Fla. Stat. § 627.409

38 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• J & H Auto Trim Co., Inc. v. Bellefonte Ins. Co.
  677 F.2d 1365· 11th Cir.· 1982-06-10 ·cited 37×
  The court held that the jury's verdict was supported by substantial evidence and reversed the district court's judgment notwithstanding the verdict and order for a new trial.
• Am. Emp'rs' Ins. Co. v. Taylor
  476 So. 2d 281· Fla. 1st DCA· 1985-10-08 ·cited 34×
  American Employers' Insurance Company appeals a new trial order and Taylor appeals a directed verdict on his slander claim in this insurance dispute. The court affirms the directed verdict on slander and reverses the new trial order, holding that an insurance policy's concealment
• Gonzalez v. Eagle Ins. Co.
  948 So. 2d 1· Fla. 3d DCA· 2006-09-01 ·cited 27×
  Elizabeth Gonzalez appeals the dismissal of her complaint alleging that Eagle Insurance Company improperly canceled her policy based on her failure to disclose her son as an additional driver while retaining all premiums paid. The court reversed, holding that when an insurer resc
• NEW York Life Ins. Co. v. Nespereira
  366 So. 2d 859· Fla. 3d DCA· 1979-01-30 ·cited 27×
  The Florida District Court of Appeal reversed a trial court's decision, holding that an insurance company was justified in rescinding a disability income policy due to material misrepresentations by the insured regarding his medical history. The court found the insured's failure
• Griffin v. Griffin
  752 So. 2d 621· Fla. 2d DCA· 1999-11-10 ·cited 24×
  Margaret Griffin sued American General Life and Accident Insurance Company for refusing to pay life insurance benefits on her deceased son's policy. The court reversed summary judgment, holding that Florida's statutory misrepresentation provision (§ 627.409) governs misrepresenta
• United Auto. Ins. Co. v. Salgado
  22 So. 3d 594· Fla. 3d DCA· 2009-08-05 ·cited 22×
  United Automobile Insurance Company sought certiorari review of a circuit court decision affirming a declaratory judgment that an insured's no-fault motor vehicle insurance policy remained valid despite the insurer's attempt to rescind it for material misrepresentation. The Flori
• Shelby Life Ins. Co. v. Susanne Eckman Paolasini
  489 So. 2d 89· Fla. 3d DCA· 1986-04-29 ·cited 17×
  Shelby Life Insurance Company sought to deny death benefits on a reinstatement of a $100,000 life insurance policy, arguing that the insured made material misrepresentations in his application by omitting serious heart condition and one treating physician. The Florida appellate c
• Hyman v. Life Ins. Co. OF N. Am.
  481 F.2d 441· 5th Cir.· 1973-07-19 ·cited 15×
  The court held that the trial court properly instructed the jury that 'any illness' meant 'any appreciable disorder,' and that the insured's unawareness of his cancer meant his application statements were not misrepresentations barring recovery.
• Abrams v. Gen. Ins. Co., Inc.
  460 So. 2d 572· Fla. 3d DCA· 1984-12-18 ·cited 13×
  Plaintiff appealed the dismissal of her defamation action against an insurance company. The court reversed, holding that the insurance company's letter could reasonably be interpreted as falsely accusing the plaintiff of misrepresentation in her insurance application, thus statin
• United Servs. Auto. Ass'n v. Clarke
  757 So. 2d 554· Fla. 4th DCA· 2000-04-26 ·cited 11×
  USAA sought to rescind an automobile insurance policy issued to Eugene Clarke based on his material misrepresentation of military officer status. The trial court found the misrepresentation material but held USAA waived rescission rights through constructive knowledge of the age
• Staria S. Carter and William J. Carter v. United OF Omaha Life Ins.
  685 So. 2d 2· Fla. 1st DCA· 1996-10-15 ·cited 11×
  The Carters appealed summary judgment for United of Omaha Life Insurance in a health insurance dispute. The court reversed because genuine disputes of material fact exist regarding whether Mrs. Carter's unintentional misrepresentations on her health insurance application were mat
• Ava R. Martinez and Howard Barnes v. Gen. Ins. Co.
  483 So. 2d 892· Fla. 3d DCA· 1986-03-04 ·cited 10×
  An insurer's retention of the pro-rated premium after discovering a material omission does not preclude it from denying coverage for a loss unrelated to the omission.
• AXA Equitable Life Ins. v. Infinity Fin. Grp., LLC
  608 F. Supp. 2d 1330· S.D. Fla.· 2009-03-31 ·cited 9×
  The court held that while arbitration should be compelled for arbitrable claims, a stay of non-arbitrable claims is not warranted when parallel litigation is feasible and efficient.
• Steele v. Jackson Nat'l Life Ins. Co.
  691 So. 2d 525· Fla. 5th DCA· 1997-03-27 ·cited 8×
  Donald Steele appeals denial of life insurance proceeds for his deceased wife Laura after the insurer Jackson National Life discovered material misrepresentations in her application. The court affirmed summary judgment in favor of the insurer, holding that Laura's failure to disc
• Strickland Imports, Inc. v. Underwriters AT Lloyds
  668 So. 2d 251· Fla. 1st DCA· 1996-02-15 ·cited 8×
  Strickland Imports appeals a directed verdict in favor of Lloyds denying insurance coverage based on alleged misrepresentation of the insured building's use. The court reversed, holding that the insurance policy's requirement of intentional misrepresentation controls over Florida
• Hesham Moustafa and Hala Ahmed v. Omega Ins. Co.
  201 So. 3d 710· Fla. 4th DCA· 2016-09-07 ·cited 7×
  Homeowners appealed an insurer's rescission of their homeowner's policy based on material misrepresentations in the application. The court affirmed rescission, holding that the applicant's failure to disclose prior claims and water damage was material as a matter of law and would
• Blue Cross/Blue Shield OF Fla., Inc. v. Mignolet
  475 So. 2d 965· Fla. 3d DCA· 1985-09-10 ·cited 6×
  The court held that factual issues remained regarding material misrepresentation in the insurance application, precluding summary judgment.
• Green v. Life & Health OF Am.
  692 So. 2d 220· Fla. 4th DCA· 1997-04-09 ·cited 5×
  Allen Green, as representative of Harold Green's estate, appealed the trial court's grant of summary judgment to Life & Health Insurance Company, which rescinded Green's home health care policy based on material misrepresentation in his application. The Fourth District affirmed t
• First Nat'l Bank Holding Co. v. Fid. & Deposit Co.
  885 F. Supp. 1533· N.D. Fla.· 1995-03-15 ·cited 4×
  The court held that the insurance policy was void ab initio due to material misrepresentations in the application and that the claim was barred by the policy's dishonesty exclusion.
• Gov't Emps. Ins. Co. v. Decheona
  610 So. 2d 480· Fla. 3d DCA· 1992-11-10 ·cited 4×
  An insurer may void a policy if the insured made an incorrect statement that would have led the insurer to not issue the policy had the true facts been known.
• Scottie N. Singer v. Nationwide Mut. Fire Ins. Co.
  512 So. 2d 1125· Fla. 4th DCA· 1987-09-23 ·cited 4×
  Singer applied for homeowners insurance with Nationwide but made material misrepresentations on the application regarding prior insurance policies and theft claims. Nationwide denied coverage based on these misrepresentations, and the trial court granted summary judgment in Natio
• Cont'l Assurance Co. v. Carroll
  459 So. 2d 443· Fla. 4th DCA· 1984-11-21 ·cited 4×
  Continental Assurance Company appealed a jury verdict in favor of Roger Carroll in a life insurance policy dispute. The court affirmed, holding that the Florida Supreme Court's Shifflet rule regarding material misrepresentations has been effectively modified by Justice Ervin's sp
• Wimberg v. Chandler
  986 F. Supp. 1447· M.D. Fla.· 1997-11-05 ·cited 3×
  The court held that a material misrepresentation in an insurance application, even if initially disclosed to an agent who is later determined to be a broker for the insured, allows the insurer to void the policy from its inception under Florida Statute § 627.409.
• Certain Underwriters AT Lloyd's London v. Raul and Ada Jimenez
  197 So. 3d 597· Fla. 3d DCA· 2016-06-15 ·cited 2×
  Lloyd's London appeals a trial court judgment denying rescission of a homeowners insurance policy issued to the Jimenezes. The court reverses, holding that the Jimenezes' misrepresentation regarding the presence of a central station monitored alarm system was material to the risk
• OLD S. Life Ins. Co. v. Kirby
  522 So. 2d 424· Fla. 5th DCA· 1988-03-03 ·cited 2×
  The court held that the jury instruction was erroneous because it required a finding of fraudulent intent to void the policy, when Florida law allows voiding for material omissions or if the insurer would not have issued the policy.
• Pachivas v. Gen. Ins. Co.
  411 So. 2d 228· Fla. 3d DCA· 1982-02-16 ·cited 1×
• The Nw. Mut. Life Ins. Co. v. Cross
  M.D. Fla.· 2025-11-05
  The court held that summary judgment is not appropriate because there are genuine disputes of material fact regarding whether the insured's answers on the insurance application were made to the best of his knowledge and belief, and regarding the affirmative defenses of waiver and
• Progressive Select Ins. Co. v. Jenkins
  S.D. Fla.· 2025-10-25
  The court granted in part and denied in part Progressive's motion, finding the claims for declaratory judgment on the duty to defend and indemnify were not ripe, but granting rescission of the policy based on material misrepresentations.
• The Nw. Mut. Life Ins. Co. v. Cross
  M.D. Fla.· 2024-03-04
  The court held that the insurer's claim for rescission was not barred by the probate statute of limitations and that the claim for declaratory judgment regarding suicide was plausible. Motions to dismiss were denied.
• Wharran v. United of Omaha Life Ins. Co.
  M.D. Fla.· 2022-12-13
  A material misrepresentation in an insurance application, such as a false statement about driving history, allows the insurer to rescind the policy, and the broker's actions cannot override the application's terms.
• Metro. Life Ins. Co. v. Liebowitz
  M.D. Fla.· 2022-01-11
  The court held that Dr. Liebowitz made false and material misrepresentations on his insurance application, but a genuine issue of material fact exists regarding his intent to deceive, precluding summary judgment on that element.
• Trisura Specialty Ins. CompanyY v. Kanpai, Inc.
  S.D. Fla.· 2021-10-21
  The court held that the insurer failed to meet its burden to prove misrepresentation, materiality, and detrimental reliance, thus denying its motion for summary judgment.
• Metro. Life Ins. Co. v. Liebowitz
  M.D. Fla.· 2021-05-04
  The court held that a plaintiff's prior rescission of an insurance policy, which is a necessary element to state a claim for rescission under Florida law, does not divest the court of subject matter jurisdiction over the rescission claim.
• Northfield Ins. Co. v. Ayyad Bros. Enters., LLC
  M.D. Fla.· 2020-03-19
  The court granted summary judgment for the plaintiff, declaring insurance policies void ab initio due to material misrepresentations by the insured, and ordered reimbursement of defense costs.
• Fresh Supermarket Foods, Inc. v. Allstate Ins. Co. & Calvin Sheeley
  829 So. 2d 1000· Fla. 2d DCA· 2002-11-15
  Fresh Supermarket Foods sued Allstate Insurance for breach of contract after Allstate denied coverage for a fire, claiming Fresh Supermarket made material misrepresentations on its insurance application. The court reversed summary judgment in favor of Allstate, holding that genui
• Carlo T. Penaranda v. Progressive Am. Ins. Co.
  747 So. 2d 953· Fla. 2d DCA· 1999-05-14
  The court held that while the trial court erred in determining the agency relationship, the insurer was still entitled to rescind the policy due to material misrepresentations on the application.
• S. Floridabanc Fed. Sav. & Loan Ass'n v. First Fla. Funding Corp.
  574 So. 2d 1133· Fla. 3d DCA· 1991-01-29
  Florida appellate court reversed summary judgment rescinding a mortgage guaranty insurance contract, holding that unilateral mistake of fact is not a valid ground for rescission because the Insurance Code provisions on mistake were not incorporated into the mortgage guaranty insu
• Kribbs v. Prudential Ins. Co. of Am.
  42 Fla. Supp. 93· Polk Cty. Cir. Ct.· 1975-04-14
  In this case of first impression in Florida, the court determined that an insurance company cannot use statements from an application as a defense in a life insurance policy dispute when a copy of the application was not delivered to the insured during his lifetime, only after hi