Misrepresentation In Insurance Application

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

• Cont'l Assurance Co. v. Carroll
  485 So. 2d 406· Fla.· 1986-02-13 ·cited 103×
  The Florida Supreme Court held that Life Insurance Co. v. Shifflet's rule requiring rescission for material misrepresentations on insurance applications applies regardless of the applicant's good faith, and that obiter dicta in National Standard Life Insurance Co. v. Permenter su
• Engl v. Ætna Life Ins. Co.
  139 F.2d 469· 2d Cir.· 1943-12-03 ·cited 102×
  The court held that a party cannot reserve evidence to avoid summary judgment and must present all facts to show a genuine issue of material fact.
• Johnson v. Life Ins. Co. of Ga.
  52 So. 2d 813· Fla.· 1951-05-25 ·cited 81×
  The Florida Supreme Court held that an insurance company waived its right to deny a life insurance policy claim due to pre-existing conditions when its agent continued to collect premiums after learning the insured had tuberculosis. The court found this constituted a waiver as a
• Luisa M. Fernandez v. Bankers Nat'l Life Ins. Co.
  906 F.2d 559· 11th Cir.· 1990-07-19 ·cited 70×
  The court held that the district court erred in granting summary judgment without ruling on the motion to compel discovery and that genuine issues of material fact exist regarding the materiality of the insured's alleged misrepresentations.
• Green v. Life & Health OF Am.
  704 So. 2d 1386· Fla.· 1998-01-22 ·cited 53×
  The Florida Supreme Court held that an insured's truthful answers on an insurance application according to the best of the insured's 'knowledge and belief' do not constitute misstatements under Florida's insurance rescission statute, even if the answers turn out to be inaccurate
• Odessa Woods v. The Nat'l Life & Accident Ins. Co.
  347 F.2d 760· 3d Cir.· 1965-06-22 ·cited 40×
  The court held that while a directed verdict should have been granted, the failure to move for judgment notwithstanding the verdict (n.o.v.) requires a remand for a new trial.
• Nat'l Standard Life Ins. Co. v. Isabelle G. Permenter
  204 So. 2d 206· Fla.· 1967-11-15 ·cited 38×
• 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.
• Florine G. Gaskins and George W. Gaskins v. Gen. Ins. Co. OF Fla.
  397 So. 2d 729· Fla. 1st DCA· 1981-04-22 ·cited 37×
  The Gaskins sought coverage under an auto insurance policy issued by General Insurance Company of Florida, which the insurer denied based on alleged misrepresentation regarding household drivers. The court reversed summary judgment, finding genuine issues of fact regarding whethe
• The Life Ins. Co. OF Va. v. Leroy J. Shifflet de bonis non of the Estate of Florence I. Shifflet
  370 F.2d 555· 5th Cir.· 1967-01-04 ·cited 34×
  The court is uncertain about the correct interpretation of Florida Statutes regarding insurance misrepresentation and will certify the question to the Florida Supreme Court.
• Mut. OF Omaha Ins. Co. v. Eakins
  337 So. 2d 418· Fla. 2d DCA· 1976-09-24 ·cited 30×
  The court held that summary judgment was improper because there were genuine issues of material fact regarding waiver and estoppel, and the trial court could not resolve credibility issues.
• Garwood v. The Equitable Life Assurance Soc'y OF the United States
  299 So. 2d 163· Fla. 3d DCA· 1974-09-03 ·cited 28×
  The Florida District Court of Appeal affirmed a summary judgment for an insurance company, holding that the insured's material misrepresentations on his life insurance application regarding his heart condition voided the policies. The court found the insured should have understoo
• Gen. Ins. Co. OF Am. v. W. Fire & Cas. Co.
  241 F.2d 289· 5th Cir.· 1957-01-31 ·cited 28×
  The court held that the insurer (Western) was charged with its agent's knowledge of the true ownership of the vehicle, rendering the misrepresentation claim groundless, and that the newly acquired vehicle clause applied.
• 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
• Wellington E. Beneby v. Midland Nat'l Life Ins. Co.
  402 So. 2d 1193· Fla. 3d DCA· 1981-07-07 ·cited 26×
  Wellington Beneby, beneficiary of his wife's life insurance policy, challenged summary judgment in favor of Midland National Life Insurance Company on the insurer's affirmative defense of material misrepresentations. The Third District Court of Appeal reversed, holding that factu
• 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.
• 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
• Mass. Cas. Ins. Co. v. Forman
  516 F.2d 425· 5th Cir.· 1975-07-25 ·cited 24×
  An incontestable clause in a disability policy does not prevent the insurer from defending on the ground that the disability was never within the policy's coverage due to a pre-existing condition that manifested before the policy was issued.
• Indep. Fire Ins. Co. v. Arvidson
  604 So. 2d 854· Fla. 4th DCA· 1992-07-22 ·cited 23×
  An insurance company sought to rescind an automobile liability policy after discovering the policyholder had misrepresented household members who operated vehicles. The trial court found the insurer had waived its rescission rights and was estopped from rescinding, but the appell
• Modder v. Am. Nat'l Life Ins. Co. of Tex.
  688 So. 2d 330· Fla.· 1997-02-20 ·cited 22×
  The Florida Supreme Court held that the exclusionary provision of section 627.6515(2) exempts out-of-state group health insurance policies from the attorney's fee liability imposed by section 627.6698, and that ANTEX's policy issued to the National Business Association qualified
• Underwriters Nat'l Assurance Co. v. Earle A. Harrison
  338 So. 2d 58· Fla. 3d DCA· 1976-09-21 ·cited 22×
  An insurance company appeals a jury verdict finding it liable for disability insurance benefits despite claiming the insured made material misrepresentations in his application. The court affirmed the judgment, holding that questions of fact regarding the materiality of represent
• 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.
• 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.
• United States v. Cooper
  200 F.2d 954· 6th Cir.· 1953-01-20 ·cited 22×
  The court held that beneficiaries cannot revive a lapsed insurance policy through waiver of premiums if the insured's failure to apply was not due to circumstances beyond their control, and physical disability alone is insufficient for waiver.
• Metro. Life Ins. Co. v. Madden
  117 F.2d 446· 5th Cir.· 1941-02-05 ·cited 22×
  The court held that a misrepresentation of fact in an insurance application, if material and knowingly made, can prevent recovery regardless of fraudulent intent, and that the insured's answer to the question about prior medical consultations was a material misrepresentation of f
• 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.
• Douglas v. The Mut. Life Ins. Co. OF NEW York
  191 So. 2d 483· Fla. 2d DCA· 1966-10-12 ·cited 21×
  Edwin C. Douglas appeals from a trial court judgment rescinding his wife's hospital and surgical insurance policies based on material misrepresentations in the application. The key issue is whether misrepresentations in insurance applications must be fraudulently made to be groun
• Harlan F. Fecht v. Makowski
  172 So. 2d 468· Fla. 3d DCA· 1965-02-26 ·cited 21×
  A motel owner's family was injured while using a motor-powered boat owned by the motel. The insurer denied coverage based on alleged misrepresentation in the insurance application, which failed to disclose the existence of the motorized boat. The court reversed the trial court's
• 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
• Gulf Life Ins. Co. v. Shelton
  155 Fla. 586· Fla.· 1945-02-27 ·cited 20×
  Gulf Life Insurance Company appealed a judgment awarding benefits under an industrial insurance policy to the mother of a deceased insured. The court held that the insurance company failed to conclusively prove misrepresentation of health conditions, and affirmed the beneficiary'
• 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
• de Guerrero v. John Hancock Mut. Life Ins. Co.
  522 So. 2d 1032· Fla. 3d DCA· 1988-04-05 ·cited 18×
  A life insurance beneficiary appeals the denial of a $200,000 life insurance claim based on the deceased's material misrepresentations in his application regarding his medical history and substance abuse. The court affirmed summary judgment for the insurer, holding that the misre
• Allstate Life Ins. Co. v. Lovena Weldon
  213 So. 2d 15· Fla. 3d DCA· 1968-07-23 ·cited 18×
  Allstate Life Insurance Co. appealed a judgment awarding $2,800 in credit life insurance proceeds plus attorney's fees to the estate of Virgil Weldon, who died of heart disease shortly after purchasing a car with credit life insurance. The court affirmed the award of insurance pr
• Union Ins. Exch. v. Gaul
  393 F.2d 151· 7th Cir.· 1968-03-21 ·cited 18×
  An insurer is estopped from rescinding a policy based on misrepresentations if it possessed sufficient facts that would have prompted a prudent insurer to make further inquiry, which would have revealed the falsity of the statements.
• 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.
• Adams v. Royal Exch. Assur.
  62 So. 2d 591· Fla.· 1952-01-18 ·cited 18×
  Captain Adams sued Royal Exchange Assurance for $20,000 on a marine insurance policy covering his yacht that burned in July 1950. The insurer denied liability based on alleged misrepresentations in the application—specifically, that Adams falsely stated no underwriter had previou
• 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.
• Bagwell v. Canal Ins. Co.
  663 F.2d 710· 6th Cir.· 1981-11-12 ·cited 16×
  A misrepresentation on an insurance application that increases the insurer's risk of loss renders the policy voidable, even if not made with intent to deceive.
• Am. Emp'rs' Ins. Co. v. King Res. Co.
  556 F.2d 471· 10th Cir.· 1977-05-25 ·cited 16×
  The court held that the district court's order rescinding the insurance policy as void ab initio and approving the modified settlement agreement was supported by substantial evidence and was a fair, adequate, and reasonable compromise.
• Apolskis v. Concord Life Ins. Co.
  445 F.2d 31· 7th Cir.· 1971-06-29 ·cited 16×
  The court held that an insured's knowing failure to disclose a diagnosed heart condition in an insurance application, despite being advised of it and discussing treatment, constitutes an intent to deceive, voiding the policy.
• 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.
• Provident Life & Accident Ins. Co. v. Hawley
  123 F.2d 479· 4th Cir.· 1941-11-10 ·cited 16×
  An insurer's independent investigation does not waive misrepresentations unless it uncovers facts sufficient to expose the falsity or put the insurer on further inquiry.
• Rollins Burdick Hunter OF NEW York, Inc. v. Euroclassics Ltd., Inc.
  502 So. 2d 959· Fla. 3d DCA· 1987-02-03 ·cited 15×
  An insurance broker (RBH) appealed a judgment for the insured (Euroclassics) in a coverage dispute involving an airplane used for drug smuggling. The court reversed, holding that the trial court abused its discretion by denying RBH's motion to compel discovery when the insured in
• 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
• Nationwide Mut. Fire Ins. Co. v. Kramer
  725 So. 2d 1141· Fla. 2d DCA· 1998-10-16 ·cited 14×
  The court held that the trial court erred in denying Nationwide's motion for a directed verdict on the issue of material misrepresentation because Nationwide presented un-controverted evidence of the materiality of the bankruptcy filing.
• Betty and Stanley Ross v. W. Fid. Ins. Co.
  872 F.2d 665· 5th Cir.· 1989-05-11 ·cited 14×
  The court held that the infant's heart defect was not a pre-existing condition excluded by the policy, and the insurer could not deny coverage based on the 'sickness' clause or misrepresentation. The fraud claim based on the agent's representations was allowed to proceed.
• 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
• Mrs. Lewis Earl Leach v. The Millers Life Ins. Co. OF Tex.
  400 F.2d 179· 5th Cir.· 1968-09-16 ·cited 14×
  The court held that the insured was not in good health at the time the policy was delivered, thus the insurer was not liable under the policy's good-health provision.