Florida Insurance Blog

Florida Insurance Blog

Providing Insight Into Florida Insurance Law and Litigation

Mark A. Nation is Board Certified in Civil Trial Law, and also in Business Litigation Law by the Florida Bar. Although there are about 100,000 attorneys in Florida, less than 100 hold these two Board Certifications...MORE

Category Archives: Misrepresentation in Application

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Declaratory Judgment Action For Coverage

Posted in Business Insurance, Declaratory Judgment Actions, Misrepresentation in Application
My client bought liability insurance for his business.  When he presented a claim, his insurance company denied the claim and has voided the policy for what it says were “material misrepresentations” on the application for insurance. Specifically, the insurer says that my client misrepresented that he renovated hotel rooms and that he subbed out much… Continue Reading

Battling Dec Actions Filed Concerning Alleged Material Misrepresentation

Posted in Complying with Policy Conditions, Coverage Questions, Misrepresentation in Application
My client insures multiple vehicles on his auto policy with Cornerstone National Insurance Company. The auto insurance policy provides liability coverage for bodily injury liability, property damage liability for damage to other vehicles, and collision coverage for damage to his vehicles. My client’s friend, while driving one of his vehicles (with his consent), is alleged… Continue Reading

1st DCA Issues New Decision on “Material Misrepresentation” in Application

Posted in Misrepresentation in Application
In Mercury Insurance Company of Florida v. Markham, ____ So.3d ____ (Fla. 3rd DCA April 20, 2010), the application for insurance asked if the subject vehicle had been "rebuilt, salvaged, modified, altered, or specially built/customized?"  Markham – the applicant – stated "no" to this question.    Prior to the application Markham had put large tires and a… Continue Reading

3rd DCA Holds PIP Insurer Can Retroactively Rescind for Material Misrep in Application

Posted in Misrepresentation in Application, PIP
Pursuant to Florida Statute Section 627.409, an insurer can retroactively rescind a policy if it later finds a material misrepresentation in the application for insurance.  A misrepresentation is "material" if the misrepresentation was material to the acceptance of the risk by the insurer, or, if the insurer in good faith would not have issued the policy… Continue Reading