Materiality Of Misrepresentation

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

• OLD Colony Ins. Co. v. E. W. Garvey and wife
  253 F.2d 299· 4th Cir.· 1958-03-03 ·cited 4×
  A misrepresentation regarding property occupancy in an insurance application is not material if it does not influence the insurer's decision regarding the contract or risk, and the sixty-day vacancy period is calculated from the policy's issuance date.
• Socorro Duran-Garcia v. Neelly
  246 F.2d 287· 5th Cir.· 1957-07-16 ·cited 4×
  The court held that an alien can be deported for procuring a visa through material misrepresentation, even if a subsequent, valid visa was obtained. The court also affirmed that misrepresenting the purpose of entry and concealing past immigration issues are material facts.
• Mut. Life Ins. Co. of N.Y. v. Morairty
  178 F.2d 470· 9th Cir.· 1949-12-13 ·cited 4×
  The court held that the insured's failure to disclose material facts about his medical history constituted legal fraud, voiding the insurance policy as a matter of law.
• Johnson v. State Farm Life Ins. Co.
  176 F.2d 83· 10th Cir.· 1949-07-14 ·cited 4×
  A genuine issue of material fact existed regarding the truthfulness of the insured's statements on the insurance application, precluding summary judgment.
• Cal. W. States Life Ins. Co. v. Vaughn
  165 F.2d 945· 9th Cir.· 1948-01-05 ·cited 4×
  The court held that whether the applicant made false representations with intent to deceive, and whether the policy became effective, were questions of fact for the jury.
• Svetlanovich v. State Farm Fla. Ins. Co.
  291 So. 3d 1261· Fla. 2d DCA· 2020-03-13 ·cited 3×
  Summary judgment was improper because the record evidence reflected genuine issues of material fact concerning whether the Svetlanoviches made material misrepresentations in their insurance claim, and resolving those disputes required credibility assessments that are solely the p
• Fischer v. The Philadelphia Elec. Co.
  994 F.2d 130· 3d Cir.· 1993-07-20 ·cited 3×
  The Third Circuit reversed the district court's grant of summary judgment for the employer, finding that genuine issues of material fact existed regarding whether the employer breached its fiduciary duties under ERISA by making affirmative material misrepresentations to plan part
• Paragon Podiatry Lab., Inc. v. KLM Labs., Inc.
  984 F.2d 1182· Fed. Cir.· 1993-01-26 ·cited 3×
  The court held that sales of a patented device more than one year before the patent application filing date, without informing customers of experimental use, render the patent invalid under the on-sale bar, and that submitting deceptive affidavits to the PTO constitutes inequitab
• United States v. Bell
  112 F.4th 1318· 11th Cir.· 2024-08-14 ·cited 2×
  Frank Bell, Tyson Rhame, and James Shaw, owners of Sterling Currency Group, were convicted of conspiracy to commit mail and wire fraud, mail fraud, wire fraud, and false statements to federal agents for promoting false rumors of imminent Iraqi dinar revaluation to retail investor
• Cal-Maine Foods/Broadspire v. Howard
  225 So. 3d 898· Fla. 1st DCA· 2017-07-26 ·cited 2×
  Cal-Maine Foods appealed a Judge of Compensation Claims' (JCC) order denying its misrepresentation defenses to a claimant's workers' compensation claim. The Florida First District Court of Appeal reversed, holding that the claimant made multiple false statements to medical provid
• THG Rentals & Sales OF Clearwater v. Arnold
  196 So. 3d 485· Fla. 1st DCA· 2016-07-06 ·cited 2×
  In this workers' compensation case, the Florida First District Court of Appeal reversed and remanded a Judge of Compensation Claims' decision that rejected the employer/carrier's misrepresentation defense. The court held that the misrepresentation need not relate to the specific
• Dehres LLC v. Underwriters at Interest at Lloyds London
  826 F. Supp. 2d 1338· S.D. Fla.· 2011-11-29 ·cited 2×
  The court held that the actions of Mr. Havens, the sole shareholder and principal officer of Worth Jewelers, are imputed to the corporation, barring the consignors' recovery under the excess insurance policy.
• Bahram Armakan and Tahereh Hooshmand v. McLEAN
  800 So. 2d 314· Fla. 3d DCA· 2001-11-07 ·cited 2×
  The court held that dismissal was an excessive sanction for the plaintiff's failure to disclose a prior, unrelated knee surgery, especially when the trial court initially found the misrepresentation immaterial.
• Lamothe v. Equifax Credit Info. Servs., Inc.
  718 So. 2d 326· Fla. 4th DCA· 1998-09-16 ·cited 2×
  Plaintiff sued Equifax under the Fair Credit Reporting Act alleging an improper credit report issued in September 1993. The trial court granted summary judgment to Equifax based on the two-year statute of limitations, and the appellate court affirmed, holding that the limitations
• Butterworth v. Quick & Reilly, Inc.
  998 F. Supp. 1404· M.D. Fla.· 1998-04-02 ·cited 2×
  The court held that a failure to timely amend a branch office address does not render a securities dealer unregistered, and therefore, does not entitle a customer to rescission or support claims for breach of contract, fraud, or breach of fiduciary duty.
• Marla Wohlman v. Paul Revere Life Ins. Co.
  980 F.2d 283· 5th Cir.· 1992-11-23 ·cited 2×
  A misrepresentation in an insurance application is grounds to void the policy ab initio if the false statement was made with intent to deceive and materially affected the acceptance of the risk.
• Philip Wagman, M.D. v. Fla. Bd. OF Med.
  590 So. 2d 12· Fla. 1st DCA· 1991-11-26 ·cited 2×
  The court held that the appellant was denied due process because the medical board's Credentials Committee exceeded the scope of the inquiry for which notice was given, entitling him to a new hearing.
• Leonid Petkiewytsch v. Immigr. & Naturalization Serv.
  945 F.2d 871· 6th Cir.· 1991-09-30 ·cited 2×
  The court held that involuntary service as a civilian guard at a Nazi labor education camp, where persecution occurred, is sufficient for deportation under the Holtzman Amendment, even without personal abuse of prisoners.
• Pettegrove Truck Serv., Inc. v. Transp. Cas. Ins. Co.
  553 So. 2d 234· Fla. 4th DCA· 1989-11-15 ·cited 2×
• Manzella v. The Paul Revere Life Ins. Co.
  872 F.2d 96· 5th Cir.· 1989-04-04 ·cited 2×
  An insurance company is not bound by the knowledge of an independent broker, and misrepresentations regarding other insurance policies and income were material and made with intent to deceive, justifying denial of disability payments.
• The AETNA Cas. & Sur. Co. v. Hirschell L. Guynes and Mable Ann Guynes
  713 F.2d 1187· 5th Cir.· 1983-09-09 ·cited 2×
  The court held that misrepresentations made by the insureds during the investigation of a fire loss do not void the policy unless they are fraudulent, material to the insurer's liability, and mislead the insurer into losing a valid defense.
• Campbell v. Sands
  404 So. 2d 402· Fla. 5th DCA· 1981-10-07 ·cited 2×
  Appellants sought rescission of a lease and option to purchase based on alleged fraudulent misrepresentation of income and expense figures for a tomato farming operation. The trial court granted summary judgment for defendants, but the appellate court reversed, holding that genui
• Suskind v. N. Am. Life & Cas. Co.
  607 F.2d 76· 3d Cir.· 1979-10-10 ·cited 2×
  The court held that the incontestability clause in the group insurance policy distinguishes between the master policy and individual certificates, and that the insured's death prior to the expiration of the contestability period suspends the clause's operation regarding his indiv
• Arcamonte v. Springfield Life Ins. Co.
  353 So. 2d 872· Fla. 3d DCA· 1977-12-20 ·cited 2×
  This case involves an appeal from a judgment that granted an insurance company rescission of one policy and reformation of another, while denying the policyholder damages for breach of contract. The appellate court affirmed the trial court's decision, finding that the policyholde
• Jude v. Prudential Ins. Co. OF Am.
  407 F.2d 955· 6th Cir.· 1969-03-06 ·cited 2×
  The court held that the jury could reasonably conclude the insurance agent knew of the insured's alcoholism, thus precluding the insurer from voiding the policy based on false answers about drinking habits.
• Kozerowitz v. A. J. Stack & the Fla. Real Est. Comm'n
  219 So. 2d 469· Fla. 3d DCA· 1968-10-29 ·cited 2×
  The Florida District Court of Appeal reviewed a motion to quash an information filed by the Real Estate Commission against a real estate salesman seeking license revocation or suspension. The court held that one count alleging fraud through concealment of a prior name was insuffi
• Boyar v. The Travelers Ins. Co.
  368 F.2d 784· 2d Cir.· 1966-11-02 ·cited 2×
  The court held that the jury should have been asked to determine if the insured deliberately lied about his health to obtain the new policy, as this would affect the remedy available to the beneficiary.
• Mayflower Ins. Exch. v. Gilmont
  280 F.2d 13· 9th Cir.· 1960-06-21 ·cited 2×
  The court held that the trial court erred in instructing the jury on the insurer's negligence in obtaining information, as no duty of care was owed to the injured third parties. However, the materiality of the insured's misrepresentations remains a question of fact for the jury.
• Nationwide Life Ins. Co. v. Mrs. Emmie T. Attaway and John D. Attaway, III
  254 F.2d 30· 4th Cir.· 1958-04-02 ·cited 2×
  The court held that the insurance company is not liable on the policy because the insured made material misrepresentations in his application, and the examining physician's knowledge of these misrepresentations is not imputed to the company if the physician was complicit in the f
• The Nat'l Life & Accident Ins. Co. v. Verda A. Gorey
  249 F.2d 388· 9th Cir.· 1957-11-06 ·cited 2×
  The court held that the insured's misrepresentations regarding his heart condition in the insurance application were material and relied upon by the insurer, thus vitiating the policy.
• United States v. Jeanice Stratton
  232 F.2d 880· 5th Cir.· 1956-05-08 ·cited 2×
  The court held that the trial court erred in setting aside the fact-findings of the jury and judge.
• Pence v. United States
  121 F.2d 804· 7th Cir.· 1941-07-02 ·cited 2×
• State v. Delprete
  331 So. 3d 174· Fla. 4th DCA· 2021-09-22 ·cited 1×
  The State appeals a trial court's dismissal of an insurance fraud charge against Michael Delprete, arguing that the trial court erroneously read a justifiable reliance element into Florida's insurance fraud statute. The appellate court agrees with the State and reverses the dismi
• Great Lakes Reinsurance (UK) PLC v. Morales
  760 F. Supp. 2d 1315· S.D. Fla.· 2010-12-09 ·cited 1×
  The court held that material misrepresentations in the insurance application voided the marine insurance policy, and that the defendant breached his loan agreement with the bank.
• Anderson v. Armor Ins. Co.
  674 So. 2d 174· Fla. 2d DCA· 1996-05-17 ·cited 1×
  Anderson appealed a summary judgment denying him PIP benefits under his sister's automobile insurance policy. The court reversed, finding that material factual disputes remained regarding whether Anderson's omission from the insurance application constituted a misrepresentation,
• Nat'l Union Fire Ins. v. Sahlen
  807 F. Supp. 743· S.D. Fla.· 1992-12-04 ·cited 1×
  The court held that misrepresentations in an insurance application, if material to the risk or if the insurer would not have issued the policy under the same terms, render the policy void pursuant to Fla.Stat. § 627.409.
• Gomez v. Hawkins Concrete Constr. Co.
  623 F. Supp. 194· N.D. Fla.· 1985-09-11 ·cited 1×
  An attorney who undertakes to represent a client in a transaction, even if not formally retained for that specific matter, owes a fiduciary duty and a duty of care, and can be held liable for negligence and breach of fiduciary duty for failing to disclose material information and
• Bishop v. The Franklin Life Ins. Co.
  435 F.2d 173· 5th Cir.· 1970-12-10 ·cited 1×
  The court affirmed the judgment, adhering to the law of the case established in a prior appeal.
• Novo Nordisk A/S v. Infinity Med. Inst., LLC
  M.D. Fla.· 2025-12-23
  The court held that a default judgment is appropriate because the defendant's advertisements were misleading and caused consumer deception, material injury, and harm to the plaintiff's reputation.
• 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.
• Bedgood v. Wyndham Vacation Resorts, Inc.
  M.D. Fla.· 2025-09-30
  The court denied plaintiffs' motion for partial reconsideration, finding they failed to present new evidence or correct clear error, and had waived arguments by not properly raising them in opposition to summary judgment.
• Accelerant Specialty Ins. Co. v. Santana Mgmt., LLC
  S.D. Fla.· 2025-09-03
  The court held that a default judgment for declaratory relief is appropriate because the defendant made material misrepresentations in its marine insurance application, voiding the policy ab initio under the doctrine of uberrimae fidei and the policy's terms.
• Redcon1, LLC v. Wwex Franchise Holdings, LLC
  S.D. Fla.· 2025-08-08
  The court held that the plaintiff adequately pled facts supporting its claims, including damages, and that the lack of detail on damages in the amended complaint is not a basis for dismissal prior to discovery.
• Ccer Invs. LLC v. Scottsdale Ins. Co.
  S.D. Fla.· 2025-05-05
  An insurance company denied a property owner's Hurricane Irma damage claim based on lack of prompt notice and the damage being caused by normal wear-and-tear rather than covered perils, but the court found genuine disputes of material fact precluding summary judgment for either p
• Coombs v. Mitchell
  M.D. Fla.· 2024-09-06
  The court held that genuine issues of material fact preclude summary judgment on claims of deceptive trade practices, fraudulent inducement, breach of implied warranty, and rescission.
• Cruz v. Selene Fin., LP
  S.D. Fla.· 2024-08-21
  The court held that the plaintiffs plausibly alleged violations of the FDCPA, as the default notices contained misleading threats of acceleration and foreclosure that could deceive the least sophisticated consumer.
• Local Access, LLC v. Peerless Network, Inc.
  M.D. Fla.· 2023-12-15
  The court held that the contract unambiguously required outbound services, but lost profits from collateral contracts were barred by a limitation of liability clause and were too speculative. The contract was found ambiguous regarding exclusivity, and fraudulent inducement claims
• Precision Wellness, LLC v. Demetech Corp.
  S.D. Fla.· 2023-08-24
  The court denied the plaintiff's motions for judgment as a matter of law and for a new trial, finding that the jury's verdict was supported by the evidence and that the procedural and substantive arguments raised by the plaintiff lacked merit.
• United States v. Able Moving & Storage Inc.
  S.D. Fla.· 2022-09-09
  The court adopted the magistrate judge's report and recommendations, granting the motion to dismiss and denying the motion for leave to amend.