Misrepresentation In Insurance Application

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

• 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.
• Mid-Continent Cas. Co. v. King
  552 F. Supp. 2d 1309· N.D. Fla.· 2008-03-11 ·cited 2×
  The court held that federal regulations preclude rescission of an underground storage tank insurance policy for misrepresentation, limiting the insurer's remedy to prospective cancellation. It also found that certain defenses were waived due to failure to include them in a reserv
• Armand Rappaport v. Progressive Express Ins. Co.
  972 So. 2d 970· Fla. 3d DCA· 2007-12-26 ·cited 2×
  Armand Rappaport, representing an estate of a deceased bus passenger, appeals summary judgment in favor of Progressive Express Insurance Company. The court affirmed the dismissal, holding that KSA Tours failed to disclose to Progressive that it loaned its vehicles to uninsured th
• Bleasdell v. Underwriters Guar. Ins. Co.
  707 So. 2d 411· Fla. 1st DCA· 1998-03-18 ·cited 2×
  The Bleasdells purchased an automobile insurance policy for a vehicle to be used in Virginia by Monica's son, but listed their Florida home as the garage location on the application. When the vehicle was wrecked in Virginia, the insurer denied coverage based on material misrepres
• 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.
• Nieves v. Intercontinental Life Ins. Co. OF Puerto RICO
  964 F.2d 60· 1st Cir.· 1992-05-14 ·cited 2×
  The court held that Nieves was not an "eligible employee" under the policy because he did not meet the minimum hours requirement and misrepresented his employer, thus his beneficiaries are not entitled to benefits.
• Pettegrove Truck Serv., Inc. v. Transp. Cas. Ins. Co.
  553 So. 2d 234· Fla. 4th DCA· 1989-11-15 ·cited 2×
• Brown v. Dealers Ins. Co. & Fla. Managing Gen. Agency, Inc.
  534 So. 2d 908· Fla. 1st DCA· 1988-12-13 ·cited 2×
  Summary judgment for insurance company defendants was reversed because material facts remained in dispute regarding whether an insurance agency was acting as agent for the plaintiff or the defendants, and regarding alleged misrepresentations on the insurance application.
• Am. Ins. Corp. v. Sederes
  807 F.2d 1402· 7th Cir.· 1986-12-23 ·cited 2×
  The court held that the insurance policy did not cover charter pilot operations because the insurer lacked knowledge of this specific risk, and the agent facilitating the policy was acting as the insured's agent, not the insurer's. Therefore, knowledge of the charter operation co
• Stephens v. The Guardian Life Ins. Co. OF Am.
  742 F.2d 1329· 11th Cir.· 1984-09-28 ·cited 2×
  The court held that a material issue of fact remained regarding whether the insurer had a duty to inquire further into the applicant's medical history, precluding summary judgment.
• 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
• AETNA Life & Cas. Co. v. Thorn
  315 So. 2d 219· Fla. 3d DCA· 1975-03-11 ·cited 2×
  An insurance incontestability clause that prohibits use of misstatements to void a policy or deny claims after a two-year period, except for fraudulent misstatements, bars rescission when the action is filed after two years from the policy's effective date, regardless of when the
• Lawndale Nat'l Bank v. Am. Cas. Co. OF Reading
  489 F.2d 1384· 7th Cir.· 1973-12-07 ·cited 2×
  The court held that an insurer cannot rely on misrepresentations in an insurance application as a defense if the application was not attached to the policy, as required by Illinois statute. The court also held that a general jury verdict must be set aside if there was error in su
• The Prudential Ins. Co. OF Am. v. Barden
  424 F.2d 1006· 4th Cir.· 1970-04-13 ·cited 2×
  The dissenting judge would affirm the district court's decision, finding that the insured made material misrepresentations on his insurance application regarding his health and that the insurer did not waive its right to deny coverage.
• 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.
• Hwy. Ins. Co. v. Peterson
  186 So. 2d 48· Fla. 1st DCA· 1966-04-19 ·cited 2×
  Highway Insurance Company sought rescission of a liability insurance policy issued to Fred Foreman based on his material misrepresentation that no one under 25 years old regularly drove the insured vehicle, when in fact his 19-year-old brother-in-law regularly operated it. The tr
• Am. Mut. Liab. Ins. Co. v. Goff
  281 F.2d 689· 9th Cir.· 1960-08-25 ·cited 2×
  The court held that the insurer could not rescind the policy based on the insured's answer to an ambiguous question or failure to disclose his conviction, as the insurer failed to prove materiality and the heirs' rights had vested.
• Winte v. Gulf Life Ins. Co. (No. 2)
  12 Fla. Supp. 114· Dade Cty. Cir. Ct.· 1958-02-05 ·cited 2×
  A life insurance beneficiary sued Gulf Life Insurance Company for refusing to pay on a policy issued to her husband, who died less than two years after issuance. The insurer successfully defended based on a health warranty provision, as medical evidence showed the insured suffere
• 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.
• Landau v. Mut. Life Ins. Co. of N.Y.
  199 F.2d 549· 3d Cir.· 1952-10-28 ·cited 2×
  The court held that the District Court erred in denying the defendant's motion for a directed verdict because the documentary evidence conclusively established that the insured made false and fraudulent statements in his application, and he was aware of their falsity.
• Nembhard v. Universal Prop. & Cas. Ins. Co.
  326 So. 3d 760· Fla. 3d DCA· 2021-08-18 ·cited 1×
  An insurer may rescind an insurance policy based on material misrepresentation in the application, even if non-intentional, when the misrepresentation materially affects the risk or would have caused the insurer not to issue the policy had the true facts been known. Post-loss acc
• United Auto. Ins. Co. v. AFO Imaging
  323 So. 3d 826· Fla. 5th DCA· 2021-07-01 ·cited 1×
  United Auto Insurance Company appealed a summary judgment against it on a claim for unpaid PIP (personal injury protection) benefits. The court reversed, holding that an insurer is not barred from contesting a PIP claim merely because it failed to pay or deny the claim within the
• Coregis Ins. v. McCollum
  961 F. Supp. 1572· M.D. Fla.· 1997-04-11 ·cited 1×
  The court held that the insurer is not obligated to provide coverage or defend the insureds because the policy exclusion for prior known circumstances applied, as one of the insureds was aware of a potential malpractice claim before the policy's effective date.
• 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 Emblem Ins. Co. v. Gillingham
  241 So. 2d 707· Fla. 4th DCA· 1970-12-11 ·cited 1×
  National Emblem Insurance Company appeals a jury verdict awarding damages to an injured employee, his employer, and a workers' compensation carrier arising from an automobile collision. The court reverses and remands for a new trial, finding that the improper joinder of the worke
• Sec. First Ins. Co. v. Cincotta
  Fla. 6th DCA· 2025-12-23
  A proposal for settlement must be interpreted as a whole and in context, not by isolating individual paragraphs; here, the PFS was sufficiently clear and unambiguous to inform the offerees that it did not require release of claims against a co-defendant, as Paragraphs 1, 4, and 6
• Jurado v. Direct Gen. Ins. Co.
  Fla. 3d DCA· 2025-11-26
  The Florida District Court of Appeal affirmed a decision involving an insurance contract dispute, holding that a party cannot avoid enforcement of a written insurance policy by claiming he did not read it unless he demonstrates circumstances prevented him from reading it or he wa
• 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.
• Accelerant Specialty Ins. Co. v. Hoberg, LLC
  S.D. Fla.· 2025-09-25
  The court granted the plaintiff's motion for final default judgment, finding that the defendant's default established liability and the pleadings sufficiently supported the claims for declaratory relief.
• Corrales v. Direct Gen. Ins. Co.
  Fla. 3d DCA· 2024-04-24
  A party who has the capacity and opportunity to read a contract but signs it without reading it cannot avoid the contract on the ground of mistake absent special circumstances.
• The Nw. Mut. Life Ins. Co. v. Cross
  M.D. Fla.· 2024-03-04
  The court held that the insurer's claim for rescission was not barred by the probate statute of limitations and that the claim for declaratory judgment regarding suicide was plausible. Motions to dismiss were denied.
• Am. Nat'l Ins. Co. v. Fortun
  S.D. Fla.· 2023-06-28
  The court held that affirmative defenses which merely deny allegations or point to a lack of evidence in the plaintiff's case are insufficient and should be stricken, while defenses that raise substantial legal and factual questions may survive.
• Zurich Am. Ins. Co. v. Syngenta Crop Prot. LLC
  Del. Super. Ct.· 2023-03-28
  The court held that Syngenta's responses to the insurance renewal application did not constitute material misrepresentations or omissions. Therefore, the insurers' request for declaratory judgment that these alleged misrepresentations prevent recovery, as well as their claims for
• Am. Nat'l Ins. Co. v. Fortun
  S.D. Fla.· 2023-03-09
  The court held that the plaintiff's complaint sufficiently alleged material misrepresentations to state a claim for rescission of the insurance policy, and thus denied the motion to dismiss.
• Certain Underwriters at Lloyds v. Anchor Ins. Holdings, Inc.
  M.D. Fla.· 2022-12-19
  The court held that Anchor's misrepresentations and omissions in its insurance application were material, entitling the insurer to rescind the policy and declare no duty to defend or indemnify.
• Wharran v. United of Omaha Life Ins. Co.
  M.D. Fla.· 2022-12-13
  A material misrepresentation in an insurance application, such as a false statement about driving history, allows the insurer to rescind the policy, and the broker's actions cannot override the application's terms.
• Benitez v. Universal Prop. & Cas. Ins. Co.
  Fla. 4th DCA· 2022-10-12
• Great Lakes Ins. SE v. Crabtree
  S.D. Fla.· 2022-01-12
  A plaintiff who properly invokes admiralty jurisdiction under Rule 9(h) can preclude a defendant's right to a jury trial on counterclaims arising from the same maritime contract.
• Imperial Fire & Cas. Ins. Co. v. Acosta
  Fla. 3d DCA· 2021-11-10
  Imperial Fire & Casualty Insurance Company appealed the dismissal of its declaratory judgment action seeking to rescind an insurance policy issued to Ariel Acosta based on alleged material misrepresentation. The Third District Court of Appeal reversed the dismissal, holding that
• Trisura Specialty Ins. CompanyY v. Kanpai, Inc.
  S.D. Fla.· 2021-10-21
  The court held that the insurer failed to meet its burden to prove misrepresentation, materiality, and detrimental reliance, thus denying its motion for summary judgment.
• Am. Gen. Life Ins. Co. v. Useche
  S.D. Fla.· 2021-05-28
  The court granted the plaintiff's motion for default final judgment, finding that the defendant's failure to respond admitted the well-pleaded allegations of the complaint.
• Zurich Am. Ins. Co. & Am. Guar. & Liab. Co. v. Syngenta Crop Prot., LLC
  Del. Super. Ct.· 2020-08-03
  The court held that the Tillery Letter did not constitute a "claim for damages" under the insurance policies because it lacked specificity regarding potential claimants and damages, thus it was a threat of future litigation, not a "claim made" prior to policy inception. Consequen
• Northfield Ins. Co. v. Ayyad Bros. Enters., LLC
  M.D. Fla.· 2020-03-19
  The court granted summary judgment for the plaintiff, declaring insurance policies void ab initio due to material misrepresentations by the insured, and ordered reimbursement of defense costs.
• Northfield Ins. Co. v. Ayyad Bros. Enters., LLC
  M.D. Fla.· 2020-02-03
  The court granted summary judgment on the declaratory judgment count regarding a second shooting, finding no coverage, but denied the motion for rescission without prejudice as to two defendants pending discovery.
• Bodden v. Travelers Prop. Cas. Co. of Am.
  S.D. Fla.· 2019-09-06
  The court held that the insurer's motion to dismiss should be denied because the plaintiffs adequately pleaded their right to a direct action, the prior declaratory judgment against the insured did not preclude their claims, and they had standing based on their state-court judgme
• Windhaven Ins. Co. v. Mesquita
  Fla. 3d DCA· 2019-07-31
  The Florida Supreme Court denied Windhaven Insurance Company's petition for certiorari, upholding a trial court's order compelling the deposition of Windhaven's representative. The court found that the case was not over despite Windhaven's confession of judgment, as damages remai
• Abraham v. Universal Ins. Co. OF N. Am.
  120 So. 3d 114· Fla. 4th DCA· 2013-08-14
  The court affirmed summary judgment denying insurance coverage for mold damage because the policy excluded mold unconnected to a covered peril, and undisputed evidence showed no water leak occurred.
• Fresh Supermarket Foods, Inc. v. Allstate Ins. Co. & Calvin Sheeley
  829 So. 2d 1000· Fla. 2d DCA· 2002-11-15
  Fresh Supermarket Foods sued Allstate Insurance for breach of contract after Allstate denied coverage for a fire, claiming Fresh Supermarket made material misrepresentations on its insurance application. The court reversed summary judgment in favor of Allstate, holding that genui
• Cent. Dade Malpractice Tr. Fund v. Shapiro
  827 So. 2d 1032· Fla. 3d DCA· 2002-09-25
  A physician's material misrepresentation on a medical malpractice insurance application regarding prior claims precludes recovery under the policy as a matter of law.