Void Ab Initio

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

• NEW York Life Ins. Co. v. Johnson
  923 F.2d 279· 3d Cir.· 1991-01-15
  Under Pennsylvania law, a life insurance policy obtained through a material misrepresentation, including about smoking habits, is void ab initio, even if the insurer would have issued the policy at a higher premium.
• 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.
• Am. Hardware Mut. Ins. Co. v. BIM, Inc.
  885 F.2d 132· 4th Cir.· 1989-09-06
  The court held that genuine issues of material fact existed regarding whether the insurer waived or was estopped from asserting the insured's failure to pay the premium deposit as a condition precedent to binder coverage.
• In re Hipp, Inc. v. Hipp, Inc.
  859 F.2d 374· 5th Cir.· 1988-11-07
  The court held that the district court erred in dismissing the appeal for lack of standing because the record did not support the finding that the appellant was bankrupt.
• Chien Ming Huang v. TZU WEI Chen Food Co. Ltd.
  849 F.2d 1458· Fed. Cir.· 1988-06-21
  The court held that a trademark registration application filed by an individual who was not the owner of the mark on the filing date is void ab initio, as the Lanham Act requires the owner to file the application.
• Black v. Interstate Commerce Comm'n & United States
  837 F.2d 1175· D.C. Cir.· 1988-02-02
  The court held that a railroad's operation over another's line solely for interchange purposes, even if over a significant distance, does not constitute an acquisition of trackage rights requiring Interstate Commerce Commission approval if the arrangement is reasonable.
• 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
• MGPC, Inc. v. Dep't OF Energy
  763 F.2d 422· Temp. Emer. Ct. App.· 1985-05-03
  The court held that the March 6, 1975 order rescinded the November 22, 1974 exception relief order, voiding it ab initio, and that the district court erred in granting summary judgment to MGPC.
• The Cabazon Band OF Mission Indians v. The City OF Indio
  694 F.2d 634· 9th Cir.· 1982-12-14
  The court held that the City of Indio's attempted annexation of the Cabazon Indian Reservation land was void ab initio due to the failure to obtain federal consent as required by statute, and thus the Band's challenge was not barred by state statutes of limitation.
• 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.
• Groover v. Groover
  383 So. 2d 280· Fla. 5th DCA· 1980-05-07
  A collateral attack on a divorce judgment based on bigamy of the underlying marriage may proceed as an attack on a void judgment under Rule 1.540(b)(4), rather than being barred by the one-year time limit in Rule 1.540(b)(3), because the trial court lacked subject matter jurisdic
• Interlandi v. Town OF Lantana
  46 Fla. Supp. 210· Palm Beach Cty. Cir. Ct.· 1977-11-14
  The court held that a private reconvened meeting, even with a prior public announcement of a continuation date, violates Florida's government in the sunshine law and renders subsequent actions void.
• Kelley v. Kelley
  350 So. 2d 11· Fla. 4th DCA· 1977-08-12
  Lawrence Kelley appealed a trial court's decision to resume alimony payments to his ex-wife Barbara after her second marriage was annulled in Texas, arguing the Texas annulment should not reinstate his alimony obligation. The appellate court affirmed, holding that a void marriage
• Eaton v. State
  307 So. 2d 881· Fla. 3d DCA· 1974-12-10
  David Lee Eaton was convicted of uttering a forged instrument and receiving stolen property arising from the same transaction. The trial court imposed a single sentence of six months in jail followed by two years probation, but the written judgment improperly split the sentence b
• Avila v. State
  306 So. 2d 550· Fla. 3d DCA· 1974-12-03
  The court held that a sentence of probation imposed concurrently with a non-suspended jail sentence is void ab initio, and the trial court lacks jurisdiction to revoke such probation.
• Burns v. The Sch. Bd. OF Palm Beach Cnty.
  283 So. 2d 873· Fla. 4th DCA· 1973-09-25
  A Florida school board attempted to reduce a principal's salary from that of a principal to that of an administrative dean while keeping him on a continuing contract. The court held that the school board lacked statutory authority to reduce salary without following the procedural
• Wertheim v. Wertheim
  262 So. 2d 723· Fla. 3d DCA· 1972-05-30
  A wife's alimony was terminated when she remarried in 1971, but the subsequent marriage was annulled as void ab initio. The trial court refused to reinstate her alimony, finding insufficient evidence that the marriage was bigamous. The appellate court reversed, holding that a voi
• Bernstein v. Nationwide Mut. Ins. Co.
  458 F.2d 506· 4th Cir.· 1972-04-24
  An automobile liability insurer cannot indefinitely avoid coverage for an accident caused by a permissive user due to misrepresentations in the policy application, especially when the policy has been in effect for a reasonable period and premiums have been paid, due to the public
• Williams v. Wis. Barge Line, Inc.
  416 F.2d 28· 7th Cir.· 1969-08-14
  The court held that while the collective bargaining agreement was void, contributions already paid into the trust fund were not recoverable by the employer, but the employer could not recover excess contributions on its counterclaim.
• Hartley v. Hartford Accident & Indem. Co.
  389 F.2d 91· 5th Cir.· 1968-01-04
• Nat'l Union Fire Ins. Co. OF Pittsburgh v. Robuck
  203 So. 2d 204· Fla. 1st DCA· 1967-10-05
  National Union Fire Insurance Company appeals summary judgments awarding subcontractors recovery on a performance bond despite the principal's fraud in obtaining the bond. The court holds that fraud by the principal does not vitiate the surety's liability to innocent obligees who
• City of N. Miami Beach v. Lanzilotta
  25 Fla. Supp. 169· Dade Cty. Cir. Ct.· 1965-05-13
  Circuit court reversed a municipal court conviction for resisting an officer, holding the conviction void ab initio because the municipal court lacked jurisdiction over the felony charge and the docket sheet failed to provide proper notice of the charges.
• Deigaard v. Baya
  163 So. 2d 27· Fla. 3d DCA· 1964-04-07
  In this probate appeal, the court held that notice to creditors published by an initially appointed but subsequently revoked administratrix starts the statutory clock for creditor claims under Florida's non-claim statute, even though the administratrix was later found unqualified
• Allstate Ins. Co. v. Cook
  324 F.2d 752· 6th Cir.· 1963-11-26
  A misrepresentation in an insurance application, constituting a warranty under Ohio law, renders the policy void ab initio if the misrepresented fact is material, regardless of the insured's intent or knowledge of falsity.
• Lulu May Johnson v. Morawitz
  292 F.2d 341· 10th Cir.· 1961-07-05
  An assignment of interest in a spendthrift trust is void and unenforceable, even if presented as a family settlement, if it contravenes the clear intent of the testator.
• State Farm Fire & Cas. Co. v. Herron
  269 F.2d 421· 4th Cir.· 1959-08-06
  The court held that the insured's wilful misrepresentation in the proof of loss, made with intent to deceive, voids the insurance policy and prevents recovery.
• Epstratios Karayannis v. Brownell
  251 F.2d 882· D.C. Cir.· 1957-11-12
  The court held that the immigration authorities misconstrued the statute by assuming an annulment of marriage due to fraud upon the wife automatically constituted fraud upon the United States for deportation purposes.
• First Nat. Bank of Fairbanks v. Alaska Airmotive, Inc.
  119 F.2d 267· 9th Cir.· 1941-04-21
  The court held that the finding that the appellant knew or should have known of the fraud in the stock issuance was not supported by substantial evidence.