Innocent Misrepresentation

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

• Langley v. Irons Land & Dev. Co.
  94 Fla. 1010· Fla.· 1927-12-06 ·cited 143×
  Mary Neal Langley contracted to purchase a lot in a Florida subdivision based on the seller's agent pointing out what the buyer believed was Lot 10, Block 35, but discovered months later that she had actually contracted for a different, less valuable lot. The Florida Supreme Cour
• Justheim Petroleum Co. v. Laurence Hammond and C. D. Flournoy and Milford Giffin
  227 F.2d 629· 10th Cir.· 1955-11-03 ·cited 44×
  The court held that the defendants were not liable for deceit as there was no evidence of intent to deceive at the time of contract execution, but affirmed the judgment for breach of contract.
• William S. Kaye for Barterline, Ltd. v. Pawnee Constr. Co., Inc.
  680 F.2d 1360· 11th Cir.· 1982-07-22 ·cited 39×
  The court held that the trial court did not err in directing a verdict for the defendant bank on claims of securities violations and fraud, as there was insufficient evidence to support the claims.
• Clements Auto Co. v. The Serv. Bureau Corp.
  444 F.2d 169· 8th Cir.· 1971-04-27 ·cited 38×
  A contract provision disclaiming warranties does not preclude liability for actionable misrepresentation under Minnesota law, even if the misrepresentations are innocent.
• Peace River Phosphate Mining Co. v. Green
  102 Fla. 370· Fla.· 1931-07-07 ·cited 35×
  Peace River Phosphate Mining Company sued to foreclose a mortgage against Thomas A. Green, Inc., but the defendant counterclaimed for rescission and cancellation based on mutual mistake regarding the location of the land being sold. The Florida Supreme Court affirmed the lower co
• Travelers Ins. Co. v. Zimmerman
  309 So. 2d 569· Fla. 3d DCA· 1975-03-25 ·cited 29×
  Travelers Insurance Company appeals a judgment for plaintiff Zimmerman in a disability insurance claim dispute. The court affirmed the jury verdict for the insured, holding that materiality of alleged misrepresentations and whether the insured reasonably could be held responsible
• Held v. Trafford Realty Co. & Kathleen W. Welsh
  414 So. 2d 631· Fla. 5th DCA· 1982-06-02 ·cited 28×
  A real estate buyer appealed the dismissal of his cross-claim for misrepresentation against a property seller and real estate broker. The court reversed, holding that the buyer stated a cause of action for innocent misrepresentation based on allegedly false representations that t
• Williams v. Gen. Ins. Co.
  468 So. 2d 1033· Fla. 3d DCA· 1985-04-30 ·cited 26×
  The court held that the insured did not make a material misrepresentation on her insurance application, and therefore coverage was not precluded.
• Ettelson v. Metro. Life Ins. Co.
  164 F.2d 660· 3d Cir.· 1947-11-18 ·cited 24×
  The court held that the trial judge erred in submitting two separate verdicts to the jury and in admitting Dr. Crohn's record. The case is reversed and remanded for a new trial.
• Land v. Roper Corp.
  531 F.2d 445· 10th Cir.· 1976-01-19 ·cited 23×
  The court held that reliance is a necessary element for breach of express warranty under Kansas law, and that the trial court did not err in submitting factual issues to the jury or in its jury instructions.
• Robson Link & Co. v. Leedy Wheeler & Co.
  154 Fla. 596· Fla.· 1944-06-13 ·cited 22×
  Robson Link & Company, a bond dealer, sought rescission of a securities exchange with Leedy Wheeler & Company based on allegedly misleading financial statements of the Public Gas Company. The Florida Supreme Court held that innocent misrepresentation of material facts regarding t
• Gen. Ins. Co. v. Vladimiro Ramanovski, Sr.
  443 So. 2d 302· Fla. 3d DCA· 1983-12-27 ·cited 18×
  The appellate court affirmed a lower court's decision finding an automobile insurance contract valid. The court held that the insurance company was bound by the knowledge of its agent, who incorrectly advised the insured not to list his son with a restricted license on the renewa
• Warkentien v. Vondracek
  633 F.2d 1· 6th Cir.· 1980-10-23 ·cited 16×
  The court held that the defendants were not liable for misrepresentation because the plaintiffs failed to prove reliance on the defendants' statements, and any misrepresentations were made by a third-party health official, not the defendants or their agents.
• 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.
• Indep. Fire Ins. Co. v. Horn
  343 So. 2d 862· Fla. 1st DCA· 1976-12-15 ·cited 13×
  Independent Fire Insurance appealed from a judgment awarding $2,000 in fire insurance benefits and attorney's fees to the Horns for their destroyed dwelling. The court affirmed, holding that the insured's innocent misstatement regarding other insurance and incomplete response reg
• Allstate Ins. Co. v. Winnemore
  413 F.2d 858· 5th Cir.· 1969-06-23 ·cited 13×
  The court held that submitting the issue of rescission to a jury was permissible under federal rules, but reversed due to erroneous jury instructions regarding misrepresentation in an insurance application.
• Reliance Fin. Corp. & Romer v. Miller
  557 F.2d 674· 9th Cir.· 1977-07-18 ·cited 12×
  The court held that the seller did not violate federal securities laws or state fraud claims, and that the buyer was not entitled to rescission based on mutual mistake, failure of consideration, or breach of warranty.
• Lockwood v. Christakos
  181 F.2d 805· D.C. Cir.· 1950-04-10 ·cited 11×
  The court held that the trial court erred in considering only the final advertisement as the inducement for the purchase, failing to consider earlier advertisements and the business's prior performance, which was necessary to determine if fraud occurred.
• State Farm Fire & Cas. Co. v. Oliver
  854 F.2d 416· 11th Cir.· 1988-09-02 ·cited 10×
  An insurer can contractually waive statutory defenses for innocent misrepresentation if the contract imposes stricter requirements on the insured than the statute allows.
• Holley Equip. Co. v. Credit Alliance Corp.
  821 F.2d 1531· 11th Cir.· 1987-07-20 ·cited 10×
  The court held that the district court erred in dismissing the action for lack of subject matter jurisdiction and in granting summary judgment on the innocent misrepresentation claim, but correctly granted summary judgment on the breach of contract and punitive damages fraud clai
• Lynch v. W.H. Fanning, Jr.
  440 So. 2d 79· Fla. 1st DCA· 1983-11-16 ·cited 10×
  Lynch purchased property from Fanning with representation that it had 125 feet of water frontage. A survey obtained 13 months after closing revealed only 96 feet of water frontage. The trial court granted summary judgment for Fanning, but the appellate court reversed, holding tha
• Bernadean Pittman v. W. Am. Ins. Co.
  299 F.2d 405· 8th Cir.· 1962-02-07 ·cited 10×
  A material misrepresentation in an insurance application, even if innocently made, will avoid the policy if the policy is conditioned upon the truth of the representations.
• Liberty Mut. Ins. Co. v. Gerald
  170 F.2d 917· 5th Cir.· 1948-12-07 ·cited 10×
  The court held that rescission of a compromise settlement agreement is permissible based on innocent misrepresentation of a material fact, even if the misrepresentation was not intentional.
• 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
• Schwartz v. Elec. Data Sys., Inc.
  913 F.2d 279· 6th Cir.· 1990-09-04 ·cited 8×
  The court held that the district court had diversity jurisdiction and properly granted summary judgment for the defendant on claims of fraud and breach of contract, as the plaintiff failed to present sufficient evidence to establish the essential elements of his claims.
• John W. Pence, M.D. v. Brown
  627 F.2d 872· 8th Cir.· 1980-08-15 ·cited 8×
  The court held that an enlistment contract procured by innocent material misrepresentation is subject to rescission, and modified the remedy to allow the Air Force to reinstate the officer as promised.
• Sutton v. Cast-Crete Corp. OF Fla.
  197 So. 2d 556· Fla. 2d DCA· 1967-04-05 ·cited 8×
  Cast-Crete Corporation sought rescission of a 99-year lease and related property deed from the Suttons and Peskin, alleging they fraudulently misrepresented ownership of land that had previously been conveyed to a third party and that the land was submerged and unownable. The cou
• Jones v. Walter C. Hardesty, Inc.
  100 Fla. 155· Fla.· 1930-07-08 ·cited 7×
  Eleanor K. Jones, an elderly immigrant with limited English proficiency and vision, sought rescission of a real estate contract after discovering the property description in the executed contract differed from the lot she had inspected and agreed to purchase. The Florida Supreme
• Burton A. Disner v. Westinghouse Elec. Corp.
  726 F.2d 1106· 6th Cir.· 1984-01-30 ·cited 6×
  The court held that Michigan law requires fraud claims to be proven by clear and convincing evidence, not a mere preponderance, and the jury instruction to that effect was prejudicial error.
• 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
• Stern v. Satra Corp. & Satra Consultant Corp.
  539 F.2d 1305· 2d Cir.· 1976-07-06 ·cited 4×
  The court held that Stern's claims of influence with IBM were opinions, not material misrepresentations, and that the 1973 IBM-Satra agreement constituted a renewal of the 1971 agreement, entitling Stern to further compensation.
• Odum v. Penn Mut. Life Ins. Co.
  288 F.2d 744· 5th Cir.· 1961-03-22 ·cited 4×
  The court held that the insurer properly maintained an interpleader action because the appellant failed to present a genuine issue of material fact regarding the insurer's independent liability.
• Kostelac v. United States
  247 F.2d 723· 9th Cir.· 1957-06-28 ·cited 4×
  A material mistake induced by government misrepresentation entitles a party to rescission, and efforts to renegotiate do not constitute a waiver of this right.
• N.Y. Life Ins. Co. v. Bullock
  S.D. Fla.· 1932-06-27 ·cited 3×
  New York Life Insurance Company sought to cancel a life insurance policy issued to Finley S. Bullock based on material misrepresentations in his application. Bullock failed to disclose that he had consulted Dr. Adams for eye treatment in 1921, within five years of his application
• Burger King Corp. v. Lumbermens Mut. Cas. Co.
  410 F. Supp. 2d 1249· S.D. Fla.· 2005-06-30 ·cited 2×
  The court held that the insurance policy did not cover intentional discrimination claims, and BKC's arguments for coverage were unpersuasive.
• Agristor Fin. Corp. v. VAN Sickle
  967 F.2d 233· 6th Cir.· 1992-07-20 ·cited 2×
  The court held that the district court erred in granting summary judgment on the fraud claim because a genuine issue of material fact exists regarding when the plaintiff knew or should have known of the alleged misrepresentation, but affirmed summary judgment on the RICO claim as
• Ramsey Prods. Corp. v. Morbark Indus., Inc.
  823 F.2d 798· 4th Cir.· 1987-07-17 ·cited 2×
  The court held that Morbark had sufficient contacts with North Carolina for personal jurisdiction and affirmed the trial court's rulings on jury instructions and evidence exclusion.
• McCORMICK & Co. v. Childers
  468 F.2d 757· 4th Cir.· 1972-10-23 ·cited 2×
  The court held that McCormick failed to establish justification for reliance on Childers' statement regarding the machine's operation, thus it was not entitled to rescission.
• Travelers' Ins. Co. v. Mabry
  179 F.2d 216· 5th Cir.· 1950-01-19 ·cited 2×
  The court held that innocent misrepresentation of a material fact, relied upon by an ignorant employee, is sufficient to set aside a compromise settlement agreement in a workers' compensation case.
• Thomas J. Duggan, LLC v. Peacock Point, LLC
  89 So. 3d 283· Fla. 1st DCA· 2012-05-23
  Duggan, a sophisticated commercial real estate developer, purchased waterfront lots from Peacock Point in an auction conducted by Roebuck, with the contract stating the property was sold "as is." When Duggan discovered the lots lacked a certificate of completion necessary for bui
• In & for New Castle Cnty. John P. Gallagher v. C.A. No. 06C-12-188 WCC
  Del. Super. Ct.· 2010-04-30
  The court granted summary judgment on the breach of contract, promissory estoppel, good faith and fair dealing, and Pennsylvania and Delaware wage payment claims, finding insufficient evidence of definite terms, a clear promise, bad faith, or applicable statutory definitions. How
• IN & FOR NEW Castle Cnty. Mark FOX Grp., Inc.
  Del. Ch.· 2003-07-02
  The Court of Chancery granted DuPont's motion to dismiss for lack of subject matter jurisdiction. The court found that the plaintiff's claim, though labeled as negligent or innocent misrepresentation, was in substance a breach of contract or promissory estoppel claim, for which a
• In & for New Castle Cnty. Wilmington Tr. Co. v. C.A. No. 02C-05-138-FSS Politzer & Haney, Inc.
  Del. Super. Ct.· 2003-04-25
  The court held that a motion to dismiss was granted as to the claim for failure of consideration (Count IV) but denied as to all other counts (Counts I-III and V-VIII). The court found that claims for misrepresentation, fraud, mutual mistake, breach of contract, and violation of
• In & for New Castle Cnty. Catamaran Acquisition Corp. & Cornerstone Equity Invs., IV, L.P.
  Del. Ch.· 2001-05-31
  The court granted the motion to amend the complaint to add claims for reformation and equitable rescission, finding that while equitable rescission might be futile in its purest form, rescissory damages could be available in equity. The court also granted the motion to transfer i
• IN & FOR NEW Castle Cnty. IM2 Merchandising & Mfg., Inc.
  Del. Ch.· 1999-02-15
  The court dismissed claims against Tirex Canada for lack of personal jurisdiction, the breach of fiduciary duty claim for multiple pleading deficiencies, and the remaining claims based on forum non conveniens. The court found that the defendants met the high burden of demonstrati
• Guar. Bank v. Heimann
  683 So. 2d 1082· Fla. 5th DCA· 1996-11-01
  Guaranty Bank appeals a trial court's decision allowing borrower Amy Heimann to retain funds based on detrimental reliance from the bank's innocent misrepresentation of available loan disbursement amounts. The court holds that while Heimann is entitled to damages for reliance on
• Platsis v. E.F. Hutton & Co., Inc.
  946 F.2d 38· 6th Cir.· 1991-10-02
  The court held that the defendants did not act with scienter, a necessary element for Rule 10b-5 and fraud claims, and that innocent misrepresentation requires an affirmative false statement, not an omission.
• Kern OIL & Ref. Co. v. Tenneco OIL Co.
  868 F.2d 1279· Temp. Emer. Ct. App.· 1989-01-27
  Prejudgment interest is not available for unliquidated damages in a case brought under § 210(a) of the Economic Stabilization Act.
• The Guardian Life Ins. Co. OF Am. v. Robitaille
  495 F.2d 890· 2d Cir.· 1974-04-04
  The dissenting judge believes the jury's verdict in favor of the insured was unconscionable and should be set aside due to material misrepresentations in the insurance application that increased the risk of loss.