Misrepresentation In Insurance Application

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

• United States Fid. & Guar. Co. v. State OF Okla. ex rel. Carl B. Sebring
  383 F.2d 417· 10th Cir.· 1967-10-13 ·cited 14×
  The court held that the bonding company could not avoid liability based on the bank president's dishonesty because a specific clause in the bond application excluded imputation of the signatory officer's knowledge of his own acts unknown to the bank.
• Franklin Life Ins. Co. v. Bieniek
  312 F.2d 365· 3d Cir.· 1962-12-27 ·cited 14×
  The court held that the insurer's suit to void the policy was timely filed within the incontestability period, and that while an incomplete answer in the application waived the insurer's right to object to that specific answer, it did not waive the right to object to other materi
• 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.
• Stix v. Cont'l Assurance Co.
  147 Fla. 783· Fla.· 1941-07-22 ·cited 14×
  Continental Assurance Company sought to cancel an indemnity insurance policy issued to Richard N. Stix over 12 years earlier, claiming he made false representations about his health history in the application. The Florida Supreme Court reversed the trial court's decision to strik
• Meerdink v. The Am. Ins. Co.
  137 Fla. 587· Fla.· 1939-05-09 ·cited 14×
  In a fire insurance dispute, the Florida Supreme Court held that an insurance company may void a policy when the insured lacks any insurable interest in the property, even if the company's agent had knowledge of the insured's true status as a bare trustee. The court rejected the
• 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
• Nat'l Life Ins. Co. v. Solomon
  529 F.2d 59· 2d Cir.· 1975-12-09 ·cited 13×
  The court held that summary judgment was improperly granted because genuine issues of material fact remained in dispute, and discovery had not yet been completed.
• 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.
• 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
• RLI Ins. Co. v. Collado
  678 So. 2d 1313· Fla. 2d DCA· 1996-06-14 ·cited 12×
  RLI Insurance Company sought to rescind an umbrella policy issued to the Collados based on material misrepresentations in the application regarding household drivers under age 26 and vehicles owned. The court reversed the trial court's summary judgment against RLI, holding that t
• Wolk v. Lamar Life Ins. Co.
  202 So. 2d 617· Fla. 3d DCA· 1967-09-26 ·cited 12×
  Ethel Wolk, as beneficiary of her deceased husband's life insurance policy, sued Lamar Life Insurance Company to recover death benefits. The insurer denied coverage based on material misrepresentations in the application regarding the insured's health condition, and the trial cou
• 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
• Prudential Ins. Co. of Am. v. Saxe
  D.D.C.· 1943-01-25 ·cited 12×
  The court held that a statutory provision preventing insurance policies from being voided by false statements unless made with intent to deceive or materially affecting the risk overrides contractual clauses attempting to make such statements absolute warranties or conditions pre
• 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
• LeMaster v. USAA Life Ins.
  922 F. Supp. 581· M.D. Fla.· 1996-04-10 ·cited 11×
  The court held that a genuine issue of material fact exists regarding whether the insurer waived its right to rescind the policy or is estopped from doing so, and whether the insurer exercised due diligence in its underwriting process.
• Bend v. Shamrock Servs. & Zenith Ins. Co.
  59 So. 3d 153· Fla. 1st DCA· 2011-02-28 ·cited 10×
  In a workers' compensation appeal, the court reversed a Judge of Compensation Claims' order voiding an insurance policy ab initio based on the employer's misrepresentations, holding that JCCs lack statutory authority to void policies and that chapter 440 provides exclusive remedi
• Graham v. Lloyd's Underwriters AT London
  964 So. 2d 269· Fla. 2d DCA· 2007-09-19 ·cited 10×
  Delores Graham appeals summary judgment denying her homeowner's insurance claim after Hurricane Charley damaged her Naples home. Lloyd's Underwriters denied coverage based on alleged material misrepresentation regarding the home's distance to the gulf, but the appellate court fou
• 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.
• Ava R. Martinez and Howard Barnes v. Gen. Ins. Co.
  483 So. 2d 892· Fla. 3d DCA· 1986-03-04 ·cited 10×
  An insurer's retention of the pro-rated premium after discovering a material omission does not preclude it from denying coverage for a loss unrelated to the omission.
• Jones v. Reliance Ins. Co.
  607 F.2d 1· D.C. Cir.· 1979-09-28 ·cited 10×
  The court affirmed the jury verdict, holding that there was evidence to support the jury's findings regarding the truthfulness of the applicant's statements, the pre-existence of the condition, and the timeliness of the notice of loss.
• Prudential Ins. Co. OF Am. v. Rhodriquez
  285 So. 2d 689· Fla. 3d DCA· 1973-11-27 ·cited 10×
  Prudential Insurance Company sought to rescind two insurance policies issued to Reginald Rhodriquez, claiming material misrepresentations in the application. The court upheld summary judgment for the insured, holding that Prudential's suit was filed one day after the two-year con
• 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.
• Wissner v. The Metro. Life Ins. Co.
  395 F.2d 204· 5th Cir.· 1968-05-23 ·cited 10×
  Material misrepresentations in an insurance application prevent recovery, regardless of fraudulent intent, under Florida Statute 627.01081.
• 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.
• 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.
• 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
• Omer M. Harris v. State Farm Mut. Auto. Ins. Co.
  232 F.2d 532· 6th Cir.· 1956-02-29 ·cited 10×
  The court held that the insurance policy was not voided by the insured's statements in the application because the application was not incorporated into the policy and the insured's conduct did not prejudice the insurer's ability to defend.
• Croll v. John Hancock Mut. Life Ins. Co.
  198 F.2d 562· 3d Cir.· 1952-07-18 ·cited 10×
  The court held that the question of the insured's good faith in making representations on an insurance application, particularly when a physician concealed a serious illness, should be submitted to a jury.
• Citizens State Bank of Dickinson v. Am. Fire & Cas. Co.
  198 F.2d 57· 5th Cir.· 1952-06-24 ·cited 10×
  A mortgagee's failure to disclose a material misrepresentation made by the mortgagor, which the mortgagee knew about, prevents the mortgagee from recovering on the insurance policy.
• GRG Transp., Inc. v. Certain Underwriters AT Lloyd's
  896 So. 2d 922· Fla. 3d DCA· 2005-03-02 ·cited 9×
  GRG Transport appeals a summary judgment voiding its cargo insurance policy with Lloyd's for material misrepresentation. The court affirmed, holding that GRG's failure to disclose prior insurance cancellations and non-renewals in response to question 19 of the insurance applicati
• 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.
• Isom v. The Equitable Life Assurance Soc'y of the United States
  138 Fla. 260· Fla.· 1939-05-23 ·cited 9×
  The Florida Supreme Court affirmed a lower court's decree rescinding the disability and double indemnity provisions of a life insurance policy based on fraudulent misrepresentations in the application. The court held that an incontestability clause that explicitly excepted disabi
• Amos v. State
  711 So. 2d 1197· Fla. 2d DCA· 1998-04-27 ·cited 8×
  Charles Amos, an insurance agent, was convicted of RICO and multiple counts of grand theft for allegedly reducing workers' compensation insurance premiums through misrepresentation of payroll and employee classifications. The Florida Second District Court of Appeal reversed, hold
• 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
• 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
• Great Oaks Cas. Ins. Co. v. State Farm Mut. Auto. Ins. Co. & Rene Chapuis & Laurent Jacques Chapuis
  530 So. 2d 1053· Fla. 4th DCA· 1988-09-07 ·cited 8×
  Great Oaks Casualty Insurance Company appealed a summary judgment granting coverage to Rene Chapuis and his son Laurent for an automobile accident. The court affirmed, holding that the insurance application's use of the term "Drivers" was ambiguous and must be construed against t
• Gonzalez v. LA Concorde Compagnie D'Assurances
  601 F.2d 606· 1st Cir.· 1979-07-27 ·cited 8×
  A directed verdict cannot be granted against a defendant before they have had an opportunity to present their evidence.
• Guardian Life Ins. Co. OF Am. v. Eagle
  484 F.2d 382· 5th Cir.· 1973-09-10 ·cited 8×
  The court held that the trial court's findings of fraud were not clearly erroneous, and therefore the insurer was not estopped from rescinding the policy despite its agent's knowledge.
• Leola Blair v. The Prudential Ins. Co. of Am.
  472 F.2d 1356· D.C. Cir.· 1972-12-29 ·cited 8×
  The dissenting judge believes the insured is bound by misstatements in an application attached to the policy, even if the agent recorded them incorrectly, because the insured had a duty to read it.
• Louella Starling v. Gulf Life Ins. Co.
  382 F.2d 701· 5th Cir.· 1967-09-07 ·cited 8×
  The court held that material misrepresentations in a policy reinstatement application, which substantially increase the risk to the insurer, justify a directed verdict for the insurer. However, an insurer's refusal to pay may constitute bad faith if its agent had knowledge of fac
• Ettman v. Fed. Life Ins. Co.
  137 F.2d 121· 8th Cir.· 1943-07-30 ·cited 8×
  Under Missouri law, where an insurance policy makes the application a part of the contract and the insured agrees that false material statements will bar recovery, such statements are warranties and will avoid the policy even if made innocently.
• Mora v. Tower Hill Prime Ins. Co.
  155 So. 3d 1224· Fla. 2d DCA· 2015-01-23 ·cited 7×
  The Moras appealed summary judgment rescinding their homeowners insurance policy based on alleged misrepresentations about prior cracking damage. The Florida appellate court reversed, finding that Tower Hill Insurance failed to meet its burden of proof to establish either that th
• Terrie Towers v. Clarendon Nat'l Ins. Co.
  927 So. 2d 913· Fla. 2d DCA· 2006-01-04 ·cited 7×
  Terrie Towers appealed an order compelling arbitration of her insurance dispute with Clarendon National Insurance Company. The court reversed, holding that Clarendon's rescission of the insurance policy and return of premiums voided the underlying contract and rendered the arbitr
• Motors Ins. Corp. v. Jorge Marino & Judith Mateo
  623 So. 2d 814· Fla. 3d DCA· 1993-08-31 ·cited 7×
  Motors Insurance Corporation appeals a summary judgment ruling that found it liable for denying coverage based on applicants' misrepresentations. The court reversed, holding that material misrepresentation in an insurance application is an absolute defense to enforcement of the p
• Comprehensive Benefit Administrators, Inc. v. Nu-Cape Constr., Inc.
  549 So. 2d 700· Fla. 2d DCA· 1989-08-30 ·cited 7×
• Cent. Mut. Ins. Co. v. Cropper
  296 So. 2d 69· Fla. 2d DCA· 1974-06-19 ·cited 7×
  The court affirmed a summary judgment for the insured's administratrix, holding that the insurer failed to prove that the insured's misrepresentations about his heart condition were fraudulent or material to the acceptance of the risk or the hazard assumed.
• Bishop v. The Franklin Life Ins. Co.
  412 F.2d 949· 5th Cir.· 1969-05-29 ·cited 7×
  The court should affirm the directed verdict because the materiality of misrepresentations and reliance were established facts, not disputed questions for a jury.
• Ferguson v. Universal Prop. & Cas. Ins. Co.
  46 So. 3d 1037· Fla. 1st DCA· 2010-09-22 ·cited 6×
  Gary Ferguson appeals a judgment denying his homeowners insurance claim after Universal Property & Casualty denied coverage based on his misrepresentation of his criminal history. While affirming the jury's finding that Ferguson misrepresented his history, the court reversed the