Materiality Of Misrepresentation

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

• United States v. Medco Health Solutions, Inc.
  671 F.3d 1217· 11th Cir.· 2012-02-22 ·cited 27×
  Relators Lucas Matheny and Deborah Loveland brought a qui tam action under the False Claims Act's reverse false claim provision against Medco Health Solutions and subsidiaries, alleging the defendants concealed approximately $69 million in overpayments owed to the government unde
• United States v. Schwartz
  899 F.2d 243· 3d Cir.· 1990-03-21 ·cited 26×
  A defendant can be convicted of a scheme to defraud under 18 U.S.C. § 1344(a)(1) without proof of a false representation, and the jury charge error was not plain error.
• United States v. Pond
  523 F.2d 210· 2d Cir.· 1975-08-28 ·cited 26×
  An informant's detection of marijuana by smell alone can provide probable cause for a search warrant, and a warrant is valid despite a negligent misrepresentation in the affidavit.
• The Life Ins. Co. OF Va. v. Leroy J. Shifflet de bonis non of the Estate of Florence I. Shifflet
  359 F.2d 501· 5th Cir.· 1966-04-21 ·cited 26×
  The court held that under Florida law, an insurance policy cannot be voided by incorrect statements in an application unless they are fraudulent or material and made with knowledge of their falsity; a good faith mistake is insufficient.
• Madden v. Metro. Life Ins. Co.
  138 F.2d 708· 5th Cir.· 1943-11-10 ·cited 26×
  The court held that under Florida law, a false answer on an insurance application does not vitiate the policy if made in good faith, and whether it was made in good faith is a question for the jury.
• 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 States v. Crandall
  453 F.2d 1216· 1st Cir.· 1972-01-17 ·cited 24×
  The court held that a misrepresentation of identity in connection with a firearm acquisition is material to the lawfulness of the sale under 18 U.S.C. § 922(a)(6), and that the statute is constitutional as applied. The court also affirmed the denial of new trial motions.
• Fershtman v. Schectman
  450 F.2d 1357· 2d Cir.· 1971-11-03 ·cited 24×
  The court held that the plaintiffs' claims did not arise under federal securities laws, and the dismissal should have been for lack of federal jurisdiction rather than failure to state a claim.
• Jeral Kirk v. The Home Indem. Co.
  431 F.2d 554· 7th Cir.· 1970-08-06 ·cited 24×
  The court held that the insured's repeated, substantial, and intentional misrepresentations to his insurer constituted a breach of the cooperation clause, justifying summary judgment for the insurer in a garnishment action.
• LEE v. The Nat'l Life Assurance Co. OF Canada
  632 F.2d 524· 5th Cir.· 1980-12-10 ·cited 22×
  The court held that the district court erred in granting summary judgment because a genuine issue of material fact existed regarding the insured's intent to deceive.
• Clare W. Lentz v. Metro. Life Ins. Co.
  428 F.2d 36· 5th Cir.· 1970-06-29 ·cited 22×
  A material false representation made by an insured with intent to deceive is a valid defense for an insurance company against a claim on a life insurance policy.
• Metro. Life Ins. Co. v. Fugate
  313 F.2d 788· 5th Cir.· 1963-01-23 ·cited 22×
  False answers to material questions on an insurance application, specifically regarding hospitalizations for alcoholism, constitute fraud as a matter of law, voiding the policy, even if not explicitly pleaded, provided the issue was tried by implied consent.
• Hans E. Langhammer v. Hamilton
  295 F.2d 642· 1st Cir.· 1961-11-03 ·cited 22×
  The court held that the appellant's extensive activities within the Communist Party established a meaningful association sufficient for deportation, and his failure to disclose this membership constituted a material misrepresentation, precluding discretionary relief based on his
• Roosth v. Lincoln Nat'l Life Ins. Co.
  269 F.2d 171· 5th Cir.· 1959-07-30 ·cited 22×
  The court held that the evidence incontrovertibly established the facts required to support the instructed verdict, making it proper for the judge to direct a verdict.
• 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
• Universal Prop. & Cas. Ins. Co. v. Jamon A. Johnson and Chaka Johnson
  114 So. 3d 1031· Fla. 1st DCA· 2013-04-30 ·cited 21×
  The court held that under the insurance policy's language and Florida law, a misrepresentation on an insurance application does not need to be intentional to void the policy, as long as it is material to the risk assumed by the insurer.
• Maude Thompson v. N.Y. Life Ins. Co.
  143 Fla. 534· Fla.· 1940-06-25 ·cited 21×
  The Florida Supreme Court reviewed a case where an insurance policy was issued despite the applicant's failure to disclose prior medical treatments. The court found that the applicant's false answers regarding her medical history were material to the risk, voiding the policy.
• The Prudential Ins. Co. v. Prescott
  115 Fla. 365· Fla.· 1933-12-08 ·cited 21×
  Prudential Insurance Company sought to cancel a life insurance policy issued to Jerry Prescott based on alleged material misrepresentations in the application. The Florida Supreme Court affirmed the trial court's dismissal, holding that the incontestability period began from the
• Bond Leather Co., Inc. v. Q.T. Shoe MFG. Co., Inc.
  764 F.2d 928· 1st Cir.· 1985-06-18 ·cited 20×
  The court held that M.N., Inc. lacked sufficient minimum contacts with Massachusetts for personal jurisdiction under due process, but affirmed findings of fraud and statutory violations against Martin Nadler and Q-T.
• Zerman v. Ball
  735 F.2d 15· 2d Cir.· 1984-05-15 ·cited 20×
  The court held that most of the plaintiff's securities fraud claims were properly dismissed, but one claim alleging misrepresentation about market conditions stated a claim under Section 10(b) and Rule 10b-5.
• Certainteed Corp. v. Nat'l Labor Relations Bd.
  714 F.2d 1042· 11th Cir.· 1983-08-24 ·cited 20×
  The court held that the Board erred in overruling the company's misrepresentation objection without a hearing under the prior standard, and remanded for determination of retroactivity of the new standard.
• N. Brevard Cnty. Hosp. Dist., Inc. v. Fla. Pub. Emps. Relations Comm'n
  392 So. 2d 556· Fla. 1st DCA· 1980-05-23 ·cited 20×
  The Hospital District appealed PERC's certification of a union as the exclusive bargaining agent, arguing the union failed to comply with registration requirements and engaged in unfair labor practices. The court reversed, finding the union failed to maintain current registration
• Osofsky v. Zipf
  645 F.2d 107· 2d Cir.· 1981-03-19 ·cited 19×
  Shareholders who cede control due to misrepresentations about merger consideration can recover benefit-of-the-bargain damages under the Securities Exchange Act of 1934, not just out-of-pocket losses.
• United States v. Feodor Fedorenko
  597 F.2d 946· 5th Cir.· 1979-06-28 ·cited 19×
  The court held that a misrepresentation or concealment is material if its disclosure would have led the government to conduct an inquiry that might have uncovered facts warranting denial of citizenship, even if the suppressed facts alone would not have justified denial.
• Gulf Life Ins. Co. v. Ferguson
  59 So.2d 371· Fla.· 1952-06-10 ·cited 19×
  The Supreme Court of Florida reversed a judgment for a life insurance beneficiary, holding that the trial court erred by allowing evidence of waiver or estoppel without the plaintiff having pleaded it. The court found that the defendant insurance company was not put on notice of
• Carlo Leonardo v. State Farm Fire & Cas. Co.
  675 So. 2d 176· Fla. 4th DCA· 1996-05-15 ·cited 18×
  The Fourth District Court of Appeal reversed summary judgment in a homeowner's insurance case, holding that material factual disputes exist regarding whether the applicant actually misrepresented his prior loss history and whether the insurer waived its right to rescind by contin
• Saxe v. E.F. Hutton & Co., Inc.
  789 F.2d 105· 2d Cir.· 1986-04-23 ·cited 18×
  The court held that the investor's fraud claim under Rule 10b-5 was properly dismissed because the alleged misrepresentations were not made 'in connection with' the sale of a security, but the investor's claims under the Commodity Exchange Act and for churning were improperly dis
• Nat'l Labor Relations Bd. v. Muscogee Lumber Co., Inc.
  473 F.2d 1364· 5th Cir.· 1973-03-02 ·cited 18×
  The court held that the National Labor Relations Board's order to enforce bargaining obligations against the company was valid, as the company failed to demonstrate that the election was unfairly conducted or that newly discovered evidence warranted setting aside the election.
• Bouley v. Cont'l Cas. Co.
  454 F.2d 85· 1st Cir.· 1972-01-14 ·cited 18×
  The court held that the trial court erred in submitting the issue of reliance to the jury and in failing to properly distinguish between misrepresentation and warranty, requiring a new trial.
• Colgate-Palmolive Co. v. Fed. Trade Comm'n
  310 F.2d 89· 1st Cir.· 1962-11-20 ·cited 18×
  The court held that the FTC order was overly broad and based on a fundamental error in distinguishing between misrepresentations of product quality and misrepresentations solely for photographic purposes. The court set aside the order and remanded for a new one.
• United States v. Cesare Rossi
  299 F.2d 650· 9th Cir.· 1962-02-15 ·cited 18×
  The court held that the government failed to meet its burden of proving by clear and convincing evidence that the misrepresented facts were material to the alien's entry or that their concealment would have warranted denial of citizenship.
• Ranger, Inc. v. Equitable Life Assur. Soc. of United States
  196 F.2d 968· 6th Cir.· 1952-05-13 ·cited 18×
  The court held that the trial court did not err in admitting physician testimony and in its jury instructions regarding material misrepresentations in an insurance application, affirming the judgment for the insurer.
• 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
• Fed. Kemper Life Assurance Co. v. The First Nat'l Bank OF Birmingham
  712 F.2d 459· 11th Cir.· 1983-08-15 ·cited 16×
  The court held that under Alabama law, an insurer must prove that a misrepresentation or omission increased the risk of loss or was fraudulent to void a policy, and the evidence supported the jury's finding that the insured's surgery did not increase the risk.
• United States v. Bland
  458 F.2d 1· 5th Cir.· 1972-04-05 ·cited 16×
  The court held that the prosecution was not time-barred and that the evidence obtained was properly admitted.
• United States v. Kessler
  213 F.2d 53· 3d Cir.· 1954-05-13 ·cited 16×
  The court held that the government failed to prove that the applicant's answer regarding arrests was false, willful, or material to the naturalization process, and therefore, citizenship could not be revoked.
• Griffin v. Knoth
  67 So. 2d 431· Fla.· 1953-10-06 ·cited 16×
  This election contest case involves a challenge to a municipal election based on irregularities in absentee ballot procedures. The Florida Supreme Court affirmed the lower court's decision to invalidate all absentee ballots and determine the election result based solely on machin
• Garman v. Metro. Life Ins. Co.
  175 F.2d 24· 3d Cir.· 1949-05-18 ·cited 16×
  The court held that the insured's failure to disclose past medical consultations in his insurance application constituted 'equitable fraud' under New Jersey law, rendering the policy void.
• United States v. Kelley
  136 F.2d 823· 9th Cir.· 1943-06-28 ·cited 16×
  The court held that the evidence did not require a finding that the insurance policy was obtained by fraudulent misrepresentations, and thus the denial of motions for directed verdict and judgment notwithstanding the verdict was proper.
• Jackson v. The Prudential Ins. Co. OF Am.
  736 F.2d 450· 8th Cir.· 1984-05-31 ·cited 15×
  The court held that there was sufficient evidence to support the jury's verdict that the insurance agent's knowledge of the applicant's medical condition was imputed to the insurance company, and thus the company could not deny coverage based on misrepresentation.
• Am. Bankers Life Assurance Co. of Fla. v. Toth
  165 So. 2d 804· Fla. 3d DCA· 1964-06-09 ·cited 15×
  American Bankers Life Assurance Company sought to void a life insurance policy issued to Alexander Toth based on alleged misrepresentations in his application regarding prior medical consultations. The Florida District Court of Appeal affirmed summary judgment for the beneficiary
• Kieser v. Old Line Life Ins. Co. of Am.
  712 So. 2d 1261· Fla. 1st DCA· 1998-07-20 ·cited 14×
  Jack Kieser sought proceeds from a life insurance policy on his brother Frank's life, but Old Line Life Insurance refused to pay based on misrepresentations in the application. The court affirmed summary judgment for the insurer, finding that Frank's false statements regarding pe
• Johnson v. Honeywell Info. Sys., Inc.
  955 F.2d 409· 6th Cir.· 1992-01-30 ·cited 14×
  An employer may rely on employee misconduct discovered after termination as a defense to wrongful discharge, and after-acquired evidence of resume fraud bars relief under the Elliott-Larsen Civil Rights Act.
• Skinner v. Aetna Life & Cas.
  804 F.2d 148· D.C. Cir.· 1986-10-31 ·cited 14×
  A statement in an insurance application qualified by 'to the best of my knowledge and belief' can be deemed false as a matter of law if the applicant's knowledge clearly contradicts their stated belief, even if the misrepresentation was unintentional.
• Thompson Med. Co., Inc. v. Fed. Trade Comm'n
  791 F.2d 189· D.C. Cir.· 1986-05-27 ·cited 14×
  The court affirmed the FTC's order, holding that the FTC had the authority to regulate Aspercreme advertising, that its 'reasonable basis' standard requiring two clinical studies was proper, and that the requirement to disclose the absence of aspirin was appropriate.
• Sterling Drug, Inc. v. Fed. Trade Comm'n
  741 F.2d 1146· 9th Cir.· 1984-08-28 ·cited 14×
  The court held that the Federal Trade Commission's findings of false advertising and its cease and desist order were supported by substantial evidence and were within the Commission's authority.
• Madison Consultants v. Fed. Deposit Ins. Corp.
  710 F.2d 57· 2d Cir.· 1983-06-13 ·cited 14×
  The court held that the complaint failed to state a claim under Rule 10b-5 because it lacked particularized allegations of fraud or deceit, instead alleging only a breach of contract.
• Minn. Mut. Life Ins. Co. v. Candelore
  416 So. 2d 1149· Fla. 5th DCA· 1982-05-26 ·cited 14×
  Minnesota Mutual Life Insurance Company appealed a jury verdict in an insurance dispute, arguing that the insured made a material misrepresentation by denying physician consultations in his insurance application when he had actually seen two doctors in the preceding month. The co
• Jamesway Corp. v. Nat'l Labor Relations Bd.
  676 F.2d 63· 3d Cir.· 1982-03-31 ·cited 14×
  The court held that the majority's adoption of the 'substantial evidence' standard of review for election misconduct was erroneous, and that a remand for an evidentiary hearing on the materiality and impact of a misrepresentation was necessary.
• Green v. Ancora-Citronelle Corp.
  577 F.2d 1380· 9th Cir.· 1978-06-08 ·cited 14×
  The court held that the appellants were precluded by the doctrine of issue preclusion (collateral estoppel) from relitigating issues already decided in the prior state court action, affirming the grant of summary judgment.