Materiality Of Misrepresentation

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

• Colgate-Palmolive Co. v. Fed. Trade Comm'n
  326 F.2d 517· 1st Cir.· 1963-12-17 ·cited 14×
  The court held that the FTC's order prohibiting all undisclosed use of mock-ups in advertising was overly broad and not practically interpretable.
• Byrnes v. The Mut. Life Ins. Co. OF NEW York
  217 F.2d 497· 9th Cir.· 1954-12-06 ·cited 14×
  The court held that the insurance policy was void due to the insured's material misrepresentations, and the beneficiary, even if he paid the premium, was bound by these misrepresentations.
• Rhodes v. Metro. Life Ins. Co.
  172 F.2d 183· 5th Cir.· 1949-02-01 ·cited 14×
  The court held that the insured's false representations regarding his diabetes were material as a matter of law, thus avoiding the insurance policy, and that the trial court did not err in directing a verdict for the insurer.
• Dorsey v. Kingsland
  173 F.2d 405· D.C. Cir.· 1949-01-26 ·cited 14×
  The court held that the Patent Office and District Court's orders excluding the appellant from practice before the Patent Office were justified due to fraudulent misrepresentation.
• United States v. Alphonso I. Waters, Jr.
  937 F.3d 1344· 11th Cir.· 2019-09-10 ·cited 13×
  The court held that the defendant's lies about tax liens, even if the collateral value exceeded the loan amount, constituted a scheme to defraud under the wire fraud statute because they affected the nature of the bargain. The court also found the district court did not abuse its
• Pankajkumar S. Patel v. U.S. Attorney General
  917 F.3d 1319· 11th Cir.· 2019-03-06 ·cited 13×
• 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.
• Pac. Royalty Co. v. Williams
  227 F.2d 49· 10th Cir.· 1955-06-21 ·cited 13×
  The court held that the Williams heirs' fraud claim failed because the misrepresentation about the grantee's identity was not material to the conveyance, and the deed was effectively delivered and accepted. The Bates heirs' claims were barred by laches and a prior adverse judgmen
• The Mut. Life Ins. Co. of N.Y. v. Alta M. Denton
  93 Fla. 276· Fla.· 1927-02-15 ·cited 13×
  The Mutual Life Insurance Company appeals a judgment requiring it to pay on two life insurance policies issued to Fred P. Denton, whose beneficiary wife sued after his death from tuberculosis. The Florida Supreme Court reverses, holding that Denton made a material misrepresentati
• United States v. Heath
  970 F.2d 1397· 5th Cir.· 1992-08-20 ·cited 12×
  The court held that two counts of bank fraud were multiplicitous, requiring remand for the government to choose one count. The remaining convictions were affirmed.
• Reuben Rivera and Kimberly Rivera v. Benefit Tr. Life Ins. Co.
  921 F.2d 692· 7th Cir.· 1991-01-02 ·cited 12×
  The court held that the district court improperly granted attorney fees to the plaintiffs.
• Boleslavs Maikovskis v. Immigr. & Naturalization Serv.
  773 F.2d 435· 2d Cir.· 1985-09-17 ·cited 12×
  The court should return the case to the BIA for further consideration of the section 241(a)(19) ground of deportation due to lack of reasoned explanation and procedural unfairness.
• Wilmington Tr. Co. v. The Mfrs. Life Ins. Co.
  749 F.2d 694· 11th Cir.· 1985-01-03 ·cited 12×
  The court held that the trial court did not err in its rulings regarding the rescission and suicide trials, and affirmed the striking of the claim for attorneys' fees.
• Long v. Ins. Co. OF N. Am.
  670 F.2d 930· 10th Cir.· 1982-02-12 ·cited 12×
  The court held that the insureds' misrepresentation regarding renting a storage locker two days before a fire was material as a matter of law, voiding the insurance policy under the false swearing provision.
• A. J. White & Co. & Allen J. White v. Sec. & Exch. Comm'n
  556 F.2d 619· 1st Cir.· 1977-06-15 ·cited 12×
  The court held that the SEC's findings of willful violations of securities laws by the broker-dealer and its president were supported by substantial evidence, and the sanctions imposed were not an abuse of discretion.
• United States v. Prewitt
  534 F.2d 200· 9th Cir.· 1976-04-13 ·cited 12×
  The court held that the trial court did not abuse its discretion in ruling it would admit evidence of a prior conviction for impeachment, and that alleged inaccuracies in an affidavit supporting a search warrant did not require suppression of evidence.
• McDONELL v. NEW England Mut. Life Ins. Co.
  380 F.2d 983· 5th Cir.· 1967-07-27 ·cited 12×
  The court held that misrepresentations in an insurance policy reinstatement application bar recovery if they are material or if the insurer would not have reinstated the policy had the true facts been known, regardless of good faith.
• The Prudential Ins. Co. OF Am. v. Whittington
  98 So. 2d 382· Fla. 2d DCA· 1957-11-15 ·cited 12×
  Prudential Insurance appealed a jury verdict for the beneficiary of a life insurance policy on which the insured made false material misrepresentations about his medical history. The court held that false answers to material questions on an insurance application, known to the app
• Van Pelt v. United States
  134 F.2d 735· 6th Cir.· 1943-04-06 ·cited 12×
  The court held that the statutory presumption of sound physical condition upon enlistment was conclusive and precluded inquiry into pre-service syphilis for the purpose of denying reinstatement of a government insurance policy.
• Winer v. N.Y. Life Ins. Co.
  143 Fla. 652· Fla.· 1940-07-12 ·cited 12×
  Sara Winer, widow and beneficiary of a life insurance policy, appeals the cancellation of a reinstated policy. The court affirmed cancellation, holding that the insured made material false statements in his reinstatement application by denying physician consultations within two y
• 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
• United States v. Franks
  723 F.2d 1482· 10th Cir.· 1983-12-27 ·cited 11×
  The court held that the defendants' convictions under 26 U.S.C. § 7206(1) for failing to report foreign bank accounts were not duplicative of their convictions under 26 U.S.C. § 7201 for tax evasion, and that the special condition of probation requiring restitution was improper a
• Kaufman v. Mut. OF Omaha Ins. Co.
  681 So. 2d 747· Fla. 3d DCA· 1996-07-31 ·cited 10×
  Jane Kaufman appeals summary judgment in favor of Mutual of Omaha Insurance Company, which attempted to rescind her daughter's major medical insurance policy over two years after issuance based on alleged fraudulent misstatements. The court reverses, holding that the policy's inc
• Celtic Life Ins. Co. v. FOX
  544 So. 2d 245· Fla. 2d DCA· 1989-05-05 ·cited 10×
  Celtic Life Insurance Company appealed a trial court judgment requiring it to cover treatment for temporomandibular joint syndrome (TMJ) under a health insurance policy issued to Cynthia Fox. The court affirmed, holding that Celtic could not rescind the policy based on alleged mi
• 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.
• Neftali Gonzalez-Marin v. The Equitable Life Assurance Soc'y OF the United States
  845 F.2d 1140· 1st Cir.· 1988-05-06 ·cited 10×
  The court held that the jury verdict was supported by sufficient evidence and that the trial court did not err in denying motions for bifurcation, exclusion of the plaintiff, or for a mistrial based on closing arguments, nor was the damages award excessive.
• Marine Bank v. The Meat Counter, Inc.
  826 F.2d 1577· 7th Cir.· 1987-08-26 ·cited 10×
  The court held that genuine issues of material fact remained regarding whether the defendant justifiably relied on a misrepresentation, thus precluding summary judgment.
• Foster v. Jesup & Lamont Sec. Co., Inc.
  759 F.2d 838· 11th Cir.· 1985-05-06 ·cited 10×
  The court held that Jesup & Lamont was not a 'seller' under § 12(2) of the Securities Act of 1933 because its involvement, including its underwriter status and a single comment to an accountant, did not constitute a substantial factor in causing the sale. The court certified impo
• Phillips v. Ostrer
  418 So. 2d 1104· Fla. 3d DCA· 1982-08-10 ·cited 10×
  Trustees of an ironworkers pension plan sued former trustees and insurance carriers for alleged fraud and breach of fiduciary duty occurring between 1972-1974, which they discovered in 1976. The trial court granted summary judgment to all defendants based on statute of limitation
• United States v. Garvin
  565 F.2d 519· 8th Cir.· 1977-11-14 ·cited 10×
  The court held that the exclusion of evidence supporting the defendant's good faith defense and the exclusion of expert testimony on insurance policy language constituted prejudicial error requiring reversal.
• Robinson v. Cupples Container Co.
  513 F.2d 1274· 9th Cir.· 1975-03-25 ·cited 10×
  The court held that alleged misrepresentations were not material in the context of arm's length negotiations and that California law did not void a stock exchange validly executed in another state, even if prior negotiations occurred in California.
• Major OIL Corp. v. The Equitable Life Assurance Soc'y OF the United States
  457 F.2d 596· 10th Cir.· 1972-03-29 ·cited 10×
  The court held that the insurer had sufficient notice of the insured's misrepresentations regarding his health, preventing it from voiding the policy based on those misrepresentations.
• Graphic Arts Finishing Co., Inc. v. Nat'l Labor Relations Bd.
  380 F.2d 893· 4th Cir.· 1967-06-19 ·cited 10×
  The court held that the union's misrepresentations regarding wages and strike benefits were material and had a significant impact on the election, thus invalidating it.
• The Franklin Life Ins. Co. v. William J. Champion & Co.
  350 F.2d 115· 6th Cir.· 1965-08-27 ·cited 10×
  A statement of good health in an insurance reinstatement application is a representation of the applicant's good faith belief, not a warranty, and does not void the policy if made without knowledge or reason to believe otherwise.
• World Ins. Co. of Omaha v. Mrs. Zelma Pipes
  255 F.2d 464· 5th Cir.· 1958-05-06 ·cited 10×
  The court held that the insurer could not deny coverage based on the insured's alleged misrepresentation of his health because the insured acted honestly and the insurer's agent filled out the application. The court also held that the sickness originated after the policy's exclus
• United States v. Willoughby
  250 F.2d 524· 9th Cir.· 1957-12-02 ·cited 10×
  The United States Veterans Administration's Insurance Service is legally justified in relying on an applicant's representations for insurance reinstatement and is not bound or estopped by its failure to examine other agency files, even if the applicant committed fraud.
• Casso v. Pa. R.R. Co.
  219 F.2d 303· 3d Cir.· 1955-02-09 ·cited 10×
  The court held that a railroad employee's fraudulent misrepresentation in an employment application does not bar recovery under the FELA if the falsity was not substantially material to the examining surgeon's conclusion or was discoverable upon reasonable inspection. The court a
• S. Pac. Co. v. Libbey
  199 F.2d 341· 9th Cir.· 1952-10-01 ·cited 10×
  The court held that the trial court erred in excluding testimony regarding the plaintiff's fraudulent misrepresentations on his employment application, which was prejudicial error requiring reversal and a new trial.
• Hutchinson v. Plantation BAY Apts., LLC
  931 So. 2d 957· Fla. 1st DCA· 2006-05-15 ·cited 9×
  Appellants John and Kathryn Hutchinson appealed the dismissal of their premises liability case against Plantation Bay Apartments with prejudice. The trial court dismissed the case based on fraud on the court, finding that appellants intentionally concealed material facts about Mr
• Airport Plaza Ltd. P'ship v. United Nat'l Bank OF Miami
  611 So. 2d 1256· Fla. 3d DCA· 1992-09-01 ·cited 9×
  The trial court's finding of no fraud was affirmed because Airport Plaza failed to prove material misrepresentations by the seller and any alleged losses were caused by an unexpected commercial real estate market collapse, not by seller fraud.
• Sauvageot v. The Hanover Ins. Co.
  308 So. 2d 583· Fla. 2d DCA· 1975-02-28 ·cited 9×
  The court held that the insurer was not required to provide a reason for cancellation of a policy in effect for less than sixty days, and could defend a claim based on fraudulent misrepresentations in the application.
• Lenos G. Cannon and Harry Singleton v. The Travelers Indem. Co.
  314 F.2d 657· 8th Cir.· 1963-03-11 ·cited 9×
  The court held that the trial court did not err in finding fraud in the procurement of the insurance policy and that the insurer did not waive its defense through unreasonable delay.
• 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
• United States v. Dale
  991 F.2d 819· D.C. Cir.· 1993-04-06 ·cited 8×
  The court affirmed convictions for tax fraud and conspiracy but remanded for resentencing, finding sufficient evidence for most charges and rejecting defendants' arguments regarding materiality and intent.
• Tol-O-Matic, Inc. v. Proma Produkt-Und Mktg. Gesellschaft m.b.H. & Norgren Co.
  945 F.2d 1546· Fed. Cir.· 1991-09-26 ·cited 8×
  The court affirmed the non-infringement finding for claims 25-31, reversed the invalidity finding for lack of utility, and reversed the finding of inequitable conduct.
• United States v. Saintil
  910 F.2d 1231· 4th Cir.· 1990-08-21 ·cited 8×
  The court held that the defendant's use of an alias, even if later corrected, constituted an obstruction of justice under Sentencing Guidelines § 3C1.1 because it was material to the investigation and prosecution.
• Foremost Guar. Corp. v. Meritor Sav. Bank
  910 F.2d 118· 4th Cir.· 1990-08-06 ·cited 8×
  Insurers were not justified in relying on oral representations when they possessed written documents that contradicted those representations, thus they cannot rescind the insurance coverage based on fraud.
• Casella v. Webb
  883 F.2d 805· 9th Cir.· 1989-08-25 ·cited 8×
  The court held that the "sure thing" statement could be material in context, that Section 12(2) does not require proof of loss causation, and that purchasers are not barred by constructive knowledge of misrepresentations.
• N.V. Akzo v. E.I. Dupont de Nemours
  810 F.2d 1148· Fed. Cir.· 1987-02-05 ·cited 8×
  The court held that the patent was invalid due to obviousness and that there was no inequitable conduct, affirming the district court's decision.
• United States v. Adel Sheshtawy
  714 F.2d 1038· 10th Cir.· 1983-08-22 ·cited 8×
  The court held that the government failed to meet the rigorous test for materiality required to revoke citizenship under 8 U.S.C. § 1451(a) and that a materiality requirement must be read into 8 U.S.C. § 1101(f)(6) for denaturalization purposes.