Void Ab Initio

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

• Garcia v. GEICO Marine Ins. Co.
  M.D. Fla.· 2025-10-02
  Under the doctrine of uberrimae fidei, an insured has a duty to affirmatively disclose all material facts when seeking marine insurance, and failure to do so voids the policy ab initio.
• Accelerant Specialty Ins. Co. v. Santana Mgmt., LLC
  S.D. Fla.· 2025-09-03
  The court held that a default judgment for declaratory relief is appropriate because the defendant made material misrepresentations in its marine insurance application, voiding the policy ab initio under the doctrine of uberrimae fidei and the policy's terms.
• State v. Rudnikas
  S.D. Fla.· 2025-08-19
  The court recommended denying the motion to enjoin state court proceedings because the movants failed to show irreparable harm, as federal law already divests the state court of jurisdiction post-removal.
• Lingard v. Holiday Inn Club Vacations, Inc.
  M.D. Fla.· 2025-07-17
  The court granted summary judgment for defendants, holding that plaintiffs lacked standing to bring their MLA claims because their alleged injury was not fairly traceable to defendants' conduct, and thus declined supplemental jurisdiction over the state law fraud claims.
• Clear Spring Prop. & Cas. Co. v. Wello & Mom, LLC
  S.D. Fla.· 2025-02-26
  Clear Spring Property and Casualty Company sought declaratory relief to void a marine insurance policy it issued to Wello and Mom, LLC after a vessel suffered a partial sinking, claiming Wello failed to disclose prior losses when renewing the policy. The court granted summary jud
• Chamberlin v. Goldberg
  M.D. Fla.· 2025-02-19
  The bankruptcy court correctly concluded that the Appellants' class action complaint violated the automatic stay by improperly seeking to exercise control over property of the estate and interfering with the Trustee's administration.
• Est. OF Martha Barotz v. Martha Barotz 2006-1 Ins. Tr.
  Del. Super. Ct.· 2023-12-18
  The Court granted the Estate's Motion for Summary Judgment, holding that the life insurance policy was void ab initio as an illegal Stranger-Owned Life Insurance (STOLI) scheme under Delaware law. The Court found that the policy lacked an insurable interest at its inception and t
• Australian Therapeutic Supplies Pty. Ltd. v. Naked TM LLC
  S.D. Fla.· 2023-09-26
  The court held that the parties entered into an enforceable settlement agreement, denying the plaintiff's motion for summary judgment and granting the defendant's motion for partial summary judgment on its breach of contract counterclaim.
• A & E Bail Bonds, Inc. v. Sutton
  Del. Super. Ct.· 2023-04-06
  The Delaware Superior Court granted Defendants' motion for partial summary judgment and denied Plaintiffs' motion. The court held that the 2014 Agreement was illegal and void ab initio because it violated Delaware statutes requiring licensure for financial interests in bail bonds
• AJ Therapy Ctr., Inc. v. Imperial Fire & Cas. Ins. Co.
  Fla. 2d DCA· 2023-01-13
  The appellate court reversed a trial court's dismissal of AJ Therapy's claim for insurance benefits. The court found that the trial court improperly relied on a consent judgment voiding the policy when ruling on a motion to dismiss, which should have been limited to the complaint
• 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.
• Jackson Nat'l Life Ins. Co. v. Sterling Crum
  54 F.4th 1312· 11th Cir.· 2022-12-12
  A life insurance policy procured by the insured on their own life with the intent to sell it to a third party without an insurable interest is not void as an illegal wagering contract if the third party was not involved in the procurement.
• Johnson v. Circle K Stores, Inc.
  M.D. Fla.· 2022-09-26
  The court must sua sponte dismiss the plaintiff's amended complaint as an improper pleading because it was filed in state court after the case had already been removed to federal court and dismissed.
• Yormak v. Yormak
  M.D. Fla.· 2022-04-13
  The court held that some of Steven Yormak's activities constituted the unlicensed practice of law in Florida, rendering the consulting agreements void and unenforceable, but reversed the bankruptcy court's denial of Steven's motion for reconsideration regarding unjust enrichment.
• SUN Life Assurance Co. OF Canada v. Wilmington Tr.
  Del. Super. Ct.· 2022-01-12
  The court held that the life insurance policies were void ab initio because they lacked an insurable interest, as the insureds were induced by investors to procure the policies with pre-negotiated arrangements for immediate sale, and neither insured actually paid the initial prem
• Metra Elecs. Corp. v. Aamp of Fla., Inc.
  Fla. 5th DCA· 2021-12-09
  Metra Electronics appeals a trial court order compelling arbitration of a royalty payment dispute with AAMP arising from a patent licensing settlement agreement. The court reversed, holding that because the settlement agreement lacked an explicit no-contest clause prohibiting pat
• Metro. Life Ins. Co. v. Liebowitz
  M.D. Fla.· 2021-06-09
  The court held that the plaintiff's complaint sufficiently alleged facts to state a claim for rescission, even if not explicitly stating promptness, as prompt rescission could be inferred from the allegations.
• Metro. Life Ins. Co. v. Liebowitz
  M.D. Fla.· 2021-05-04
  The court held that a plaintiff's prior rescission of an insurance policy, which is a necessary element to state a claim for rescission under Florida law, does not divest the court of subject matter jurisdiction over the rescission claim.
• Columbus Life Ins. Co. v. [Unknown]
  Del. Super. Ct.· 2021-02-15
  The Superior Court granted in part and denied in part Columbus Life's motions to dismiss counterclaims and strike affirmative defenses. The court dismissed counterclaims for declaratory judgment based on waiver and estoppel, and for promissory estoppel, finding that such claims c
• Cuffy v. Sec'y of Dep't of Corr.
  S.D. Fla.· 2021-01-26
  Johnson Cuffy's federal habeas corpus petition challenging his 2012 Florida conviction for racketeering, conspiracy, and grand theft was dismissed as time-barred under the one-year statute of limitations set forth in 28 U.S.C. § 2244(d)(1). The court determined that although Cuff
• 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.
• McEvoy v. Apollo Global Mgmt., LLC
  M.D. Fla.· 2020-01-06
  The court held that the Investment Advisers Act of 1940 does not provide a private right of action for damages, and therefore dismissed the claim under the Act. The court also converted the statute of limitations issue for remaining state law claims into motions for summary judgm
• 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
• Lowry v. State
  Fla. 1st DCA· 2019-04-05
  A trial court lacks authority to find a defendant not guilty by reason of insanity without a valid written waiver of jury trial complying with Florida Rule of Criminal Procedure 3.260 and a knowing and intelligent waiver inquiry.
• Est. of Malkin v. Wells Fargo Bank, N.A.
  125 La. 1046· S.D. Fla.· 2019-03-29
  The court held that the life insurance policy was a STOLI policy void under Delaware law, and the Estate is entitled to recover the death benefit under Delaware's insurable interest statute.
• Century-National Ins. Co. v. Halifax Chiropractic & Injury Clinic, Inc
  9th Cir. Ct. App. Div.· 2018-01-16
  Century-National Insurance Company appeals a summary judgment finding it breached Florida's Personal Injury Protection (PIP) statute by failing to pay, deny, or invoke extended investigation time within the statutorily mandated 30/60/90-day deadline before attempting to rescind a
• IN & FOR NEW Castle Cnty. Camal Terry v. Robin Drive Auto
  Del. C.P.· 2016-12-07
  The Court held that the contract was void ab initio due to material ambiguities in its terms, specifically regarding the duration of the layaway and the application of payments. Consequently, the Court found that the defendant was unjustly enriched by the payments received from t
• State Farm Mut. Auto. Ins. v. Med. Serv. Ctr. of Fla., Inc.
  S.D. Fla.· 2015-05-08
  The court held that the healthcare clinics were unlawfully operated during both the exemption and licensure periods, and thus, the licenses obtained were void ab initio.
• Sanford D. Lyons v. Lyons
  155 So. 3d 1179· Fla. 4th DCA· 2014-10-29
  The Florida Fourth District Court of Appeal reversed a summary judgment that voided a 1993 quit claim deed transferring homestead property to a qualified personal residence trust, holding that the surviving wife lacked standing to assert her deceased husband's homestead rights be
• Nat'l Indus. Grp. §
  Del.· 2013-05-29
  The Delaware Supreme Court affirmed the Court of Chancery's denial of the defendant's motion to vacate a default judgment and anti-suit injunction. The court held that the forum selection clause was valid and enforceable, and that the defendant's arguments regarding lack of perso
• Major McCRAY v. State
  75 So. 3d 403· Fla. 5th DCA· 2011-12-02
  A conviction resulting from an information signed by a state officer lacking authority is not void ab initio but is, at most, voidable upon timely challenge.
• Sheruna Latoya Martin v. MGA Ins. Co.
  9th Cir. Ct. App. Div.· 2011-08-05
  Sheruna Latoya Martin appealed a trial court's grant of summary judgment dismissing her claim for Personal Injury Protection (PIP) benefits under her mother's insurance policy. The appellate court affirmed, holding that the mother's material misrepresentation on the insurance app
• Great Lakes Reinsurance (UK) PLC v. Yellow Fin 36 LLC
  736 F. Supp. 2d 1302· M.D. Fla.· 2010-08-26
  The court held that genuine issues of material fact exist regarding whether a prior vessel incident constituted a 'marine loss' and whether the vessel was in a 'locked and fenced enclosure' at the time of the alleged theft, thus denying summary judgment for both parties.
• Fausto Juarez v. R.B. Baker Constr., Inc.
  28 So. 3d 193· Fla. 1st DCA· 2010-02-24
• Morrison v. West
  30 So. 3d 561· Fla. 4th DCA· 2010-02-17
  William West, a North Carolina-licensed attorney, provided legal services to Carla Morrison in a Florida probate and trust matter without being licensed to practice in Florida or obtaining pro hac vice admission. The court held that despite West's successful negotiation of a $1 m
• Christian Relief Servs. Inc. v. Walton
  943 So. 2d 869· Fla. 1st DCA· 2006-11-17
  The trial court erred in entering summary final judgment for the seller, declaring the contract void. The court found that the contract was not void on its face due to missing legal descriptions or incomplete schedules, as these did not constitute essential terms and the seller w
• Cardegna v. Buckeye Check Cashing, Inc.
  930 So. 2d 610· Fla.· 2006-05-11
  A challenge to the validity of a contract containing an arbitration provision must be resolved by arbitration, unless the arbitration provision itself is challenged as unenforceable.
• Galaxy Fireworks, Inc. v. City OF Orlando
  842 So. 2d 160· Fla. 5th DCA· 2003-02-28
  Galaxy Fireworks sought to enjoin Orlando from enforcing its Fire Code against Galaxy's proposed fireworks retail store. The court affirmed summary judgment for the City, holding that Galaxy failed to exhaust administrative remedies and that the Fire Code was validly adopted as a
• Maverick Media Grp., Inc. v. State of Fla. Dep't OF Transp.
  791 So. 2d 491· Fla. 1st DCA· 2001-06-26
  Maverick Media Group challenged the Florida Department of Transportation's denial of a sign permit, asserting that an existing Texaco sign blocking its application was itself invalid. The court reversed DOT's dismissal for lack of standing, holding that Maverick, as an applicant
• Thomas v. Moore
  797 So. 2d 1196· Fla.· 2001-04-05
  The Department may forfeit control release credits upon probation revocation if the offense occurred after October 1, 1989, and the Commission may deny credit for time spent on control release if probation was revoked due to new offenses.
• Nordman v. McCORMICK
  715 So. 2d 310· Fla. 5th DCA· 1998-07-17
  Annette Nordman appealed a trial court order establishing her aunt Marjorie McCormick as the sole owner of Lot 36 in Volusia County, Florida. The court reversed, holding that a 1917 deed from Clyde Daugherty to his wife Anna Louise was void under the 1885 Florida Constitution's h
• Brand v. Margarethe Brand
  706 So. 2d 90· Fla. 4th DCA· 1998-02-18
  A former husband appealed the trial court's denial of his motion to vacate a final judgment of dissolution of marriage, claiming the judgment was void due to inadequate notice of the dissolution hearing. The appellate court affirmed, finding the judgment was not void because the
• Chilton v. Atlanta Cas. Co.
  651 So. 2d 190· Fla. 2d DCA· 1995-02-24
  Karen Chilton challenges a summary judgment dismissing her claim for insurance benefits after her premium check was returned for insufficient funds. The court affirmed the summary judgment, holding that the statutory notice requirements for policy cancellation do not apply when a
• In the Interest of A.L.O.
  637 So. 2d 15· Fla. 4th DCA· 1994-05-11
  HRS appealed the dismissal of dependency and termination of parental rights petitions for three minor children. The trial court improperly excluded evidence of the mother's actions after the children were placed in HRS custody, relying on a defective initial dependency adjudicati
• Fla. Indep. Auto. Dealers Ass'n Health & Welf. Benefit Plan v. Fid. Sec. Life INS. Co.
  636 So. 2d 37· Fla. 5th DCA· 1994-01-21
  FIADA appealed the trial court's denial of its motion to vacate a stipulated dismissal of Fidelity's counterclaim. The appellate court held that the stipulation was never effective because it lacked required trial court approval and receivership court authorization, and therefore
• 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.
• In re March v. March
  995 F.2d 32· 4th Cir.· 1993-06-01
  The court held that a security interest taken by a bank in its own stock as collateral for a loan made simultaneously is void ab initio under Virginia law.
• Bailey v. City OF Lawrence
  972 F.2d 1447· 7th Cir.· 1992-08-20
  Under Indiana law, a person reaches a given age on their birthday, not the day before. Therefore, Bailey was not ineligible for appointment when appointed the day before his thirty-sixth birthday.
• United States ex rel. Robinson Rancheria Citizens Council v. Borneo, Inc.
  971 F.2d 244· 9th Cir.· 1992-07-07
  Federal courts are not bound by state procedural rules regarding the form of attack on a void state court judgment, and can grant relief based on federal statutes concerning contracts with Indians.
• Home Ins. Co. v. Elliott Dunn and Thomas Davis and Julie Lundquist
  963 F.2d 1023· 7th Cir.· 1992-05-13
  A material misrepresentation on an insurance application, made with intent to deceive or that materially affects the risk, voids the entire policy under Illinois law, even if innocent insureds are unaware of the misrepresentation.