Misrepresentation In Insurance Application

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

• Gonzalez v. Am. Heritage Life Ins. Co.
  747 So. 2d 991· Fla. 3d DCA· 1999-11-24
  The court affirmed summary judgment for the insurer, holding that the decedent was bound by the insurance application he signed and that the insurer was entitled to rescind the policy based on misrepresentations, and that the insurer properly credited the premium refund to the lo
• The Home Ins. Co. v. Matthews
  998 F.2d 305· 5th Cir.· 1993-08-20
  An insurer waives its right to void a policy if it accepts premium payments after gaining knowledge of facts that would allow it to avoid coverage, especially when Louisiana law is unclear on waiver and estoppel distinctions.
• Rhea Dawn Jones v. NEW York Life & Annuity Corp.
  985 F.2d 503· 10th Cir.· 1993-02-10
  An insured has a duty to read their insurance application before signing, and is bound by its contents, including misrepresentations made by the agent, unless specific exceptions apply. The insurer must prove statutory grounds for rescission.
• State Farm Mut. Auto. Ins. Co. v. Armstrong
  949 F.2d 99· 3d Cir.· 1991-11-19
  An insurance company cannot rescind a compulsory automobile insurance policy to deny recovery to innocent third parties based on fraud or material misrepresentation by the policyholder.
• ALL Bank Repos, Inc. v. Underwriters OF Lloyds OF London
  582 So. 2d 692· Fla. 4th DCA· 1991-06-26
  All Bank Repos, Inc. appealed a judgment for the insurance company Underwriters of Lloyds of London in a dispute over coverage denial based on material misrepresentations in the insurance application. The Fourth District Court of Appeal reversed, holding that the trial court erre
• Am. Standard Ins. Co. of Wis. v. Forsythe
  915 F.2d 1212· 8th Cir.· 1990-10-05
  The court held that the American Standard insurance policy was void ab initio due to material misrepresentations, and that the uninsured motorist coverage provided by Cameron Mutual Insurance Company could be stacked, with per occurrence limits applying to the distinct claims.
• Robert K. Fabric, M.D. v. Surgeons Prof'l Liab. Self-Insurance Tr. Fund
  565 So. 2d 750· Fla. 3d DCA· 1990-07-10
  Court affirmed summary judgment voiding malpractice insurance ab initio where insured made material misrepresentation on application by falsely stating his medical license had never been voluntarily surrendered.
• Wise v. The Mut. Life Ins. Co. OF NEW York
  894 F.2d 140· 5th Cir.· 1990-02-12
  Texas law does not require insurers to attach a copy of the application to a life insurance policy to assert misrepresentations made in the application.
• Liberty Life Ins. Co. v. Schaffer
  853 F.2d 591· 8th Cir.· 1988-08-04
  The court held that the insurer's refusal to pay benefits was not vexatious or without reasonable cause, reversing the award of damages for vexatious refusal.
• Garde v. Inter-Ocean Ins. Co.
  842 F.2d 175· 7th Cir.· 1988-03-15
  The court held that the decedent's failure to disclose over $1,500,000 in other life insurance applications and policies constituted a material misrepresentation as a matter of law, voiding the policy under Illinois law.
• Lisa D. Waitt (Wood) v. The Hanover Ins. Co.
  520 So. 2d 104· Fla. 2d DCA· 1988-02-17
  Lisa Waitt sought a declaration of insurance coverage under a Hanover policy for an automobile accident. The trial court granted summary judgment for Hanover based on alleged misrepresentation in Waitt's insurance application, but the appellate court reversed, holding that factua
• Golden Rule Ins. Co. v. Welsh
  798 F.2d 1198· 8th Cir.· 1986-08-22
  The court held that the insurer failed to prove the applicant knowingly misrepresented material facts with intent to deceive, thus could not avoid liability on the policy.
• Ronald W. Conner and/or Beverly B. Conner v. Shelter Mut. Ins. Co.
  779 F.2d 335· 6th Cir.· 1985-12-18
  The court held that the insurer was entitled to judgment notwithstanding the verdict on the issue of material misrepresentation because the evidence did not support the jury's finding that the policy would have been issued. The court affirmed the denial of the bad faith and punit
• Goldberg v. Nat'l Life Ins. Co. OF Vt.
  774 F.2d 559· 2d Cir.· 1985-10-01
  The court affirmed the judgment, holding that the exclusion of rebuttal testimony was proper and that the insurer was entitled to recover benefits paid due to the insured not being under the care of a licensed physician as required by the policy.
• Claudette Friez v. Nat'l OLD Line Ins. Co.
  703 F.2d 1093· 9th Cir.· 1983-04-11
  The good health clause in an insurance policy is a condition precedent and not ambiguous, requiring strict fulfillment.
• Ruthie Davis v. Integon Life Ins. Corp.
  645 F.2d 494· 5th Cir.· 1981-05-21
  The court held that the insured's misrepresentations regarding his medical history were fraudulent as a matter of law, justifying the insurer's denial of the policy claim and granting of summary judgment.
• Motors Ins. Corp. v. Woodcock
  394 So. 2d 485· Fla. 3d DCA· 1981-02-17
  Motors Insurance Corporation appealed a summary judgment award to Woodcock in a coverage dispute over a stolen automobile. The court reversed, holding that the cancellation notice was unambiguous and that genuine issues of material fact remained regarding whether notice was prope
• Jackson v. Am. Motorists Ins. Co.
  388 So. 2d 584· Fla. 5th DCA· 1980-08-13
  An insurance carrier cannot unilaterally reduce the term of coverage for non-payment of premium; it must follow the policy's cancellation provisions or statutory requirements.
• Sullivan v. The Manhattan Life Ins. Co. OF NEW York
  626 F.2d 1080· 1st Cir.· 1980-08-08
  The court held that the insured made a material misrepresentation by signing an application stating he had never had diabetes, when he knew he had the condition, thus increasing the risk of loss for the insurer.
• Cook v. Life Ins. Co. of N. Am.
  386 So. 2d 310· Fla. 4th DCA· 1980-07-30
  Pauline Cook appeals a judgment denying recovery on her husband's life insurance policy issued by Life Insurance Company of North America. The court affirmed the denial based on both a material misstatement of age that exceeded the insurer's age limits and the insured's failure t
• Palmer W. Collins and H. L. Clark, III v. Pioneer Title Ins. Co.
  629 F.2d 429· 6th Cir.· 1980-07-16
  A title insurance policy is voidable if the insured, through their agent, fails to disclose material facts increasing the risk, and the insured cannot recover from the agent if they are in pari delicto.
• Spann v. S. Life & Health Ins. Co.
  43 Fla. Supp. 191· Palm Beach Cty. Ct.· 1976-03-02
  The court held that an insured's misrepresentations regarding health are not material if the insured lacked knowledge or reason to know of the condition, and that 'sound health' requires apparent good health without knowledge to the contrary.
• The Guardian Life Ins. Co. OF Am. v. Robitaille
  495 F.2d 890· 2d Cir.· 1974-04-04
  The dissenting judge believes the jury's verdict in favor of the insured was unconscionable and should be set aside due to material misrepresentations in the insurance application that increased the risk of loss.
• Nall v. Am. Home Assurance Co.
  486 F.2d 298· 5th Cir.· 1973-11-06
  The court held that the evidence established the insured's misrepresentation increased the risk of loss, justifying the insurer's voiding of the policy under Alabama law.
• First Nat'l Bank OF Manhattan v. Modern Woodmen OF Am.
  486 F.2d 10· 10th Cir.· 1973-10-24
  The court held that the insurance policy was not voided by the insured's failure to list all hospitalizations, as the application as a whole provided sufficient information, and there was no evidence the insured knew of his heart condition.
• Thomas v. Allstate Ins. Co.
  443 F.2d 1123· 6th Cir.· 1971-06-15
  The court held that any error in admitting testimony regarding legislative intent on cancellation statutes was harmless, and sufficient evidence supported the jury's finding of bad faith by the insurance company.
• World Ins. Co. v. Posey
  227 So. 2d 67· Fla. 4th DCA· 1969-10-10
  The court held that the insurer could not void the policy based on the insured's misrepresentation regarding a prior diagnostic examination because the misrepresentation was neither fraudulent nor material to the risk, and the insurer failed to prove reliance or that it would not
• Am. Fire & Indem. Co. v. Lancaster
  415 F.2d 1145· 8th Cir.· 1969-09-15
  An insurance company cannot avoid a policy based on an agent's knowledge of a misrepresentation if the agent had actual or apparent authority to solicit applications, and a non-fraudulent misrepresentation does not void a policy unless it is material and either warranted or incor
• Mooneyham v. Wabash Life Ins. Co.
  412 F.2d 833· 5th Cir.· 1969-06-03
  The court held that the insured's misrepresentations on his disability policy application were not excused by the agent's alleged knowledge, as the agent did not possess actual knowledge of the true facts regarding the insured's condition.
• Hawkeye-Security Ins. Co. v. Burdick
  388 F.2d 205· 7th Cir.· 1967-12-19
  The court held that there were no genuine issues of material fact regarding the ownership and disclosure of the vehicle, and thus the insurance policy covered the accident.
• World Ins. Co. v. Hall
  384 F.2d 138· 5th Cir.· 1967-08-28
  The court held that the elimination endorsement in disability policies only precludes recovery if the pre-existing leg injury contributed to the total disability; if head injuries alone cause total disability, benefits are due. The court also found no reversible error in the jury
• Turner v. The Manhattan Life Ins. Co.
  320 F.2d 553· 9th Cir.· 1963-07-10
  The dissenting judge argues that the district court's findings of fact, supported by ample evidence, were not clearly erroneous and that the insurer should not have issued the policy based on the applicant's misrepresentations.
• Home Fire & Marine Ins. Co. v. Tisdale
  303 F.2d 348· 4th Cir.· 1962-05-10
  Under South Carolina law, an insurer is estopped from voiding a policy based on a misrepresentation in the application if its agent had knowledge of the true facts at the time of application.
• Jannenga v. Nationwide Life Ins. Co.
  288 F.2d 169· D.C. Cir.· 1961-03-09
  A false statement in an insurance application bars recovery if it materially affected the acceptance of the risk, and the trial court is not bound to apply foreign law not raised by the parties.
• Am. Ins. Co. v. Peyton
  272 F.2d 58· 4th Cir.· 1959-11-17
  The court held that the increased hazard from the building's commercial use, within the insured's control, suspended coverage under the fire insurance policy, even if the initial application contained no misrepresentation.
• Bankers Union Life Ins. Co. v. Montgomery
  261 F.2d 852· 9th Cir.· 1958-11-26
  The court held that the jury's findings that the insured's answers on the insurance application were not wilfully false were supported by substantial evidence, and that the trial court did not err in admitting certain testimony regarding the company doctor's knowledge of the insu
• Winte v. Gulf Life Ins. Co.
  9 Fla. Supp. 144· Dade Cty. Cir. Ct.· 1956-08-31
  A beneficiary sued on a life insurance policy after the insurer refused to pay following the insured's death. The trial court erroneously directed a verdict for the insurer based on alleged fraudulent misrepresentation about the insured's health, but the appellate court reversed,
• Hall v. Allstate Ins. Co.
  233 F.2d 35· 1st Cir.· 1956-05-08
  The court held that Maine statutes do not prevent an insurer from asserting the defense of fraud in the inception of the policy, even when the fraud was discovered after the accident.
• Sven E. Sandahl & City Cab, Inc. v. Iowa Home Mut. Cas. Co.
  229 F.2d 662· 10th Cir.· 1956-01-11
  The court held that the policy was not voided by misrepresentation and that the policy's stated limits, not the Wyoming Motor Vehicle Financial Responsibility Law's limits, governed the insurer's liability.
• Mut. Tr. Life Ins. Co. v. Tardelli
  201 F.2d 420· 1st Cir.· 1953-01-28
  The court held that the trial court's failure to instruct the jury that the beneficiary had the burden of proving the insured's good health at the time of policy delivery constituted reversible error.
• Diaz Lamoutte v. Lincoln Nat. Life Ins. Co.
  188 F.2d 526· 1st Cir.· 1951-04-26
  The court held that the insured's failure to disclose material medical consultations rendered the insurance contract void.
• New England Mut. Life Ins. Co. v. Gillette
  171 F.2d 500· 2d Cir.· 1948-11-26
  Misrepresentations made by the insured regarding his occupation and intended travel, which increased the risk of loss, can avoid the insurance policy even without intent to deceive, under Massachusetts law.
• Ætna Life Ins. Co. v. HUB Hosiery Mills
  170 F.2d 547· 1st Cir.· 1948-11-08
  The court held that the insured's failure to disclose a minor chill or a hospitalization for a routine check-up did not constitute a material misrepresentation or increase the risk of loss under Massachusetts law, and the evidence did not compel a finding that the insured had dia
• Lutz v. New England Mut. Life Ins. Co. of Boston
  161 F.2d 833· 9th Cir.· 1946-06-24
  The court held that the physician's testimony regarding the insured's statements was admissible, supporting the finding that the insured was not in good health when the policy was delivered and the first premium was paid.