Misrepresentation In Insurance Application

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

• Suncoast Auto Ctr., Inc. v. Consol. Prop. & Cas. Ins. Co.
  880 So. 2d 728· Fla. 2d DCA· 2004-05-26 ·cited 6×
  Summary judgment was improperly granted because a disputed issue of material fact exists regarding whether the insured misrepresented the presence of a central station burglar alarm.
• Awilda Vega and Justino Vega, Jr. v. Indep. Fire Ins. Co.
  651 So. 2d 743· Fla. 5th DCA· 1995-03-03 ·cited 6×
  The Fifth District Court of Appeal affirmed a trial court's refusal to give a jury instruction that would have imposed on an insurance company the obligation to pursue a diligent investigation and be charged with all knowledge such investigation might have revealed. The court rej
• Liberty Mut. Ins. Co. v. Scalise
  627 So. 2d 87· Fla. 1st DCA· 1993-11-22 ·cited 6×
  Liberty Mutual appeals a workers' compensation judge's order extending coverage to Scalise as an employee under a policy that explicitly excluded him. The court reverses, holding that Scalise's application clearly declined employee coverage and that he is bound by the terms of th
• Fla. Life Ins. Co. v. Fickes
  613 So. 2d 501· Fla. 5th DCA· 1993-01-08 ·cited 6×
  Florida Life Insurance Company appealed a trial court's award of attorney's fees to Mary Fickes under section 627.428, Florida Statutes. The court reversed, holding that attorney's fees cannot be awarded under the statute when an insurance company pays the full policy proceeds be
• Bias v. Advantage Int'l, Inc.
  905 F.2d 1558· D.C. Cir.· 1990-06-15 ·cited 6×
  The court held that the estate failed to present specific facts showing a genuine issue for trial regarding the deceased's insurability or the feasibility of securing a contract before his death, thus affirming summary judgment for the defendants.
• Blue Cross/Blue Shield OF Fla., Inc. v. Mignolet
  475 So. 2d 965· Fla. 3d DCA· 1985-09-10 ·cited 6×
  The court held that factual issues remained regarding material misrepresentation in the insurance application, precluding summary judgment.
• Reserve Life Ins. Co. v. Lomolino
  474 So. 2d 1210· Fla. 4th DCA· 1985-08-07 ·cited 6×
  The court held that an insurance contract is severable when the misrepresentations of one insured do not affect the risk or premium for the other insured.
• S. Guar. Ins. Co. v. Pearce
  607 F.2d 146· 5th Cir.· 1979-11-21 ·cited 6×
  The court is deferring its decision and certifying questions of Georgia law to the Supreme Court of Georgia.
• Nw. Nat'l Ins. Co. v. Gen. Elec. Credit Corp.
  362 So. 2d 120· Fla. 3d DCA· 1978-08-22 ·cited 6×
  Northwestern National Insurance Company appealed a judgment requiring it to pay insurance proceeds for a yacht destroyed by drug smugglers. The court reversed, holding that the insureds' participation in a drug smuggling conspiracy voided the insurance policy's coverage.
• Odessa Woods v. The Nat'l Life & Accident Ins. Co.
  380 F.2d 843· 3d Cir.· 1967-07-07 ·cited 6×
  The court held that the insurer failed to prove the insured made fraudulent misrepresentations in his application, as required by Pennsylvania law, to avoid the policy. Therefore, the denial of the insurer's motion for judgment notwithstanding the verdict was affirmed.
• The Franklin Life Ins. Co. v. State Neon Sign Co., Inc.
  329 F.2d 456· 5th Cir.· 1964-03-31 ·cited 6×
  The court held that under Georgia law, an insured is bound by false representations in a completed insurance application that they sign, even if the agent failed to ask the question or improperly recorded the answer, barring recovery by the beneficiary.
• Prudential Ins. Co. OF Am. v. Gourley
  267 F.2d 156· 5th Cir.· 1959-05-22 ·cited 6×
  The dissenting judge believes the misrepresented facts increased the risk of loss as a matter of law, contrary to the majority's view that it was a jury question.
• Michael v. World Ins. Co.
  254 F.2d 663· 6th Cir.· 1958-05-02 ·cited 6×
  The court held that the trial court properly admitted evidence as admissions against interest and properly directed a verdict for the defendant insurer.
• Allstate Ins. Co. v. Erickson
  227 F.2d 755· 9th Cir.· 1955-12-08 ·cited 6×
  The court held that the trial court did not err in finding the insurance policy question ambiguous and resolving it against the insurer.
• Gen. Accident Fire & Life Assurance Corp. v. Browne
  217 F.2d 418· 7th Cir.· 1954-12-15 ·cited 6×
  The court held that the insurance agent's knowledge was imputable to the plaintiff insurer, and the insured's surrender of a prior policy was not a misrepresentation or concealment that would void the new policy.
• Allstate Ins. Co. v. Molden-Hauer
  193 F.2d 663· 7th Cir.· 1952-01-24 ·cited 6×
  The court held that a false statement in an insurance application that no prior insurer had cancelled the applicant's policy, when in fact it had, constituted a material misrepresentation that increased the risk, thus voiding the policy.
• Brayer v. John Hancock Mut Life Ins. Co.
  179 F.2d 925· 2d Cir.· 1950-02-06 ·cited 6×
  The court held that the insured's omissions and statements regarding his illness did not constitute material misrepresentations as a matter of law, and therefore, a directed verdict for the plaintiffs should have been granted.
• Equity Mut. Ins. Co. v. Gen. Cas. Co. of Am.
  139 F.2d 723· 10th Cir.· 1943-12-20 ·cited 6×
  The court held that the insurance agent had implied authority to cancel a policy and substitute a new one to maintain continuous coverage for the insured, and that the new policy was valid despite a false statement known to the agent.
• Warren v. N.Y. Life Ins. Co.
  128 F.2d 671· 5th Cir.· 1942-06-03 ·cited 6×
  The court held that the insurance policy was not in force at the time of the applicant's death, and the beneficiary could not recover for alleged negligence in delaying the return of the premium.
• Green v. Life & Health OF Am.
  692 So. 2d 220· Fla. 4th DCA· 1997-04-09 ·cited 5×
  Allen Green, as representative of Harold Green's estate, appealed the trial court's grant of summary judgment to Life & Health Insurance Company, which rescinded Green's home health care policy based on material misrepresentation in his application. The Fourth District affirmed t
• Lenhart v. Federated Nat'l Ins. Co.
  950 So. 2d 454· Fla. 4th DCA· 2007-02-14 ·cited 4×
  This case involves whether an automobile insurance policy covers an unlicensed, underage family member who drove a friend's vehicle with the owner's consent. The court held that the policy covers the son because the insurer failed to explicitly exclude him and ambiguous exclusion
• First Nat'l Bank Holding Co. v. Fid. & Deposit Co.
  885 F. Supp. 1533· N.D. Fla.· 1995-03-15 ·cited 4×
  The court held that the insurance policy was void ab initio due to material misrepresentations in the application and that the claim was barred by the policy's dishonesty exclusion.
• Tingle v. Pac. Mut. Ins. Co.
  996 F.2d 105· 5th Cir.· 1993-07-23 ·cited 4×
  The Employee Retirement Income Security Act (ERISA) preempts Louisiana Revised Statute 22:619(B) because it does not satisfy the risk-spreading prong of the ERISA insurance savings clause test, requiring the application of federal law.
• Gov't Emps. Ins. Co. v. Decheona
  610 So. 2d 480· Fla. 3d DCA· 1992-11-10 ·cited 4×
  An insurer may void a policy if the insured made an incorrect statement that would have led the insurer to not issue the policy had the true facts been known.
• Clark v. Golden Rule Ins. Co.
  887 F.2d 1276· 5th Cir.· 1989-11-09 ·cited 4×
  The court held that the insured's coronary artery disease qualified as a preexisting condition, precluding coverage, but remanded the insurer's claim for policy rescission due to alleged misrepresentation for further factual determination.
• Life Ins. Co. OF N. Am. v. Capps
  660 F.2d 392· 9th Cir.· 1981-10-26 ·cited 4×
• S. Guar. Ins. Co. v. Pearce
  625 F.2d 546· 5th Cir.· 1980-09-02 ·cited 4×
  An automobile insurance policy issued to a Georgia resident after the No-Fault Act's effective date cannot be voided ab initio for misrepresentations in the application after an accident occurs.
• AETNA Cas. & Sur. Co. v. Evers
  590 F.2d 600· 5th Cir.· 1979-02-28 ·cited 4×
  The court held that the malpractice insurance policy was null and void because the insured made material misrepresentations and omissions regarding his practice location and licensure status when seeking renewal.
• Rutherford v. John Hancock Mut. Life Ins. Co.
  562 F.2d 290· 4th Cir.· 1977-08-24 ·cited 4×
  The court held that an insurer has no affirmative duty to investigate an insurance application that appears facially innocuous, even if the applicant has a history of alcoholism, absent specific facts that would raise a red flag.
• Countryside Cas. Co. v. ORR
  523 F.2d 870· 8th Cir.· 1975-10-14 ·cited 4×
  A material misrepresentation in an automobile liability insurance application, relied upon by the insurer, voids the policy ab initio, even if the misrepresentation is not directly causal to the specific loss.
• Casey v. Transamerica Life Ins. & Annuity Co.
  511 F.2d 577· 7th Cir.· 1975-02-12 ·cited 4×
  The court held that an ambiguous "continued insurability" clause in an insurance application, which could be reasonably misunderstood by a layman, will be construed against the insurer after the insured's death, preventing the insurer from denying coverage based on its own interp
• The Farmers & Bankers Life Ins. Co. v. Allingham
  457 F.2d 21· 10th Cir.· 1972-03-14 ·cited 4×
  An insurance company cannot rescind a policy based on an applicant's statements unless the misrepresentations were material to the risk and intentionally made.
• Milbank Mut. Ins. Co. v. Wentz
  352 F.2d 592· 8th Cir.· 1965-11-10 ·cited 4×
  An insurer's unjustified withdrawal from defending its insured constitutes a waiver of policy provisions requiring an 'actual trial' to determine liability, allowing the insured to make a good-faith settlement.
• Armand Gatti v. Am. Bankers Ins. Co. of Fla.
  164 So. 2d 840· Fla. 3d DCA· 1964-05-26 ·cited 4×
  Gatti purchased a 1962 Thunderbird from Foster and obtained theft insurance from American Bankers Insurance Company. When the automobile was stolen, the insurer denied the claim, alleging the car described in the title certificate did not exist. The court reversed the trial judgm
• Sec. Benefit Life Ins. Co. v. Jackson
  318 F.2d 846· 8th Cir.· 1963-06-13 ·cited 4×
  The court held that the trial court erred in denying the defendant's motion for a directed verdict and judgment notwithstanding the verdict because the evidence conclusively established that the insured was suffering from cancer on the policy's effective date, thus violating the
• Variety Homes, Inc. v. Postal Life Ins. Co.
  287 F.2d 320· 2d Cir.· 1961-02-17 ·cited 4×
  The court held that the insurance company could not rely on its own doctor's ambiguous notation of 'asymptomatic' to claim material misrepresentation, as the applicant had answered truthfully about symptoms and the company had the opportunity to investigate further.
• The Canada Life Assurance Co. v. Houston
  241 F.2d 523· 9th Cir.· 1957-02-12 ·cited 4×
  The court held that the insurer failed to meet its burden of proving suicide, and that the trial court did not err in admitting expert testimony regarding the gun's accidental discharge or in excluding evidence offered to prove suicide motive.
• Ipava Farmers Elevator Co. v. Hawkeye-Security Ins. Co.
  222 F.2d 833· 7th Cir.· 1955-05-27 ·cited 4×
  The court held that substantial evidence supported the jury's findings that the employee caused the loss, the plaintiff did not commit fraud, and the plaintiff provided timely notice of the loss.
• Jessen v. Aetna Life Ins. Co.
  209 F.2d 453· 7th Cir.· 1954-01-18 ·cited 4×
  False misrepresentations in an insurance application that materially affect the risk or hazard assumed by the insurer are sufficient to avoid the policy, even without proof of actual intent to deceive.
• 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.
• Barnett v. New England Mut. Life Ins. Co.
  123 F.2d 712· 5th Cir.· 1941-11-27 ·cited 4×
  The trial court erred in withdrawing the case from the jury and treating it as an equitable action, as the insurer had an adequate remedy at law.
• Nw. Nat. Life Ins. Co. v. Nalbant
  119 F.2d 725· 6th Cir.· 1941-05-15 ·cited 4×
  The court held that the insurer failed to prove as a matter of law that the insured made false representations materially affecting the risk or with intent to deceive, and thus the jury's verdict for the beneficiaries was supported by substantial evidence.
• Benitez v. Universal Prop. & Cas. Ins. Co.
  Fla. 4th DCA· 2022-10-12 ·cited 3×
  An insured failed to disclose prior property damage on his insurance application and in discovery responses. The insurer denied coverage of a subsequent water damage claim based on material misrepresentations under Florida Statute § 627.409, and the trial court granted summary ju
• Gen. Star Indem. Co. v. Puckit, L.C.
  818 F. Supp. 1526· M.D. Fla.· 1993-04-20 ·cited 3×
  The court granted the motion to dismiss, finding that the federal declaratory judgment action was an impermissible attempt at procedural fencing and that the state court action could better resolve all parties' claims.
• Jackson Nat'l Life Ins. v. Proper
  1991 U.S. Dist. LEXIS 4011· M.D. Fla.· 1991-03-13 ·cited 3×
  The court held that the insurance policy was void ab initio due to material misrepresentations and omissions in the application, and the insured's failure to provide written notice of a change in health prior to policy delivery.
• Gurrentz v. Fed. Kemper Life Assurance Co.
  513 So. 2d 241· Fla. 4th DCA· 1987-09-30 ·cited 3×
  Federal Kemper Life Assurance Company sought declaratory relief to rescind three life insurance policies issued to Martin Gurrentz based on material misrepresentation. The trial court found that Gurrentz materially misrepresented his health status by failing to disclose a throat
• Pac. Mut. Life Ins. Co. v. Cunningham
  S.D. Fla.· 1932-01-05 ·cited 3×
  Pacific Mutual Life Insurance Company sought to rescind three life insurance policies issued to Dr. Cunningham based on his allegedly false answer to a question about illnesses and medical treatments in the prior seven years. Dr. Cunningham had answered "None" despite receiving p
• Certain Underwriters AT Lloyd's London v. Raul and Ada Jimenez
  197 So. 3d 597· Fla. 3d DCA· 2016-06-15 ·cited 2×
  Lloyd's London appeals a trial court judgment denying rescission of a homeowners insurance policy issued to the Jimenezes. The court reverses, holding that the Jimenezes' misrepresentation regarding the presence of a central station monitored alarm system was material to the risk