NATIONAL STANDARD LIFE INSURANCE COMPANY AND LEON COPLIN, APPELLANTS/CROSS APPELLEES,
v.
MARIE GARNER, APPELLEE/CROSS APPELLANT; NATIONAL STANDARD LIFE INSURANCE COMPANY AND LEON COPLIN, APPELLANTS, V. MARIE GARNER, APPELLEE
PER CURIAM.
This is an appeal by an insurance company and its agent from a final judgment awarding a beneficiary damages for fraud incident to the purchase of a life insurance policy.
Upon a review of the record, it appears that there was no proof of damages resulting from the alleged fraudulent acts. There was evidence that the policy had lapsed for a failure to pay premiums. On a related count for breach of contract, the jury found that the policy was not in effect at the time of the insured’s death. Actual damages are an essential element in establishing fraud. See, e.g., Casey v. Welch, 50 So. 2d 124 (Fla.1951); National Equipment Rental, Ltd, v. Little Italy Restaurant & Delicatessen, Inc., 362 So. 2d 338 (Fla. 4th DCA 1978); Melzer v. Jacob Agay H., 426 So. 2d 1049 (Fla. 3d DCA), rev. denied, 438 So. 2d 833 (Fla.1983). We conclude that the trial court erred in denying the defendants’ motion for directed verdict. There is no need to address the other issues raised on appeal.
The final judgment is, therefore, reversed.
GUNTHER, STONE, JJ., and TOBIN, DAVID L., Associate Judge, concur.
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Kozich v. Shahady, 702 So. 2d 1289 (Fla. 4th DCA 1997)…terest, as this court has long held that a legal malpractice action may not be transferred. Washington v. Fireman’s Fund Ins. Co., 459 So. 2d 1148, 1149 (Fla. 4th DCA 1984). See also Florida Patient’s Comp. Fund v. St. Paul Fire and Marine Ins. Co., 535 So. 2d 335, 338 (Fla. 4th DCA 1988), approved, 559 So. 2d 195 (Fla.1990). To hold that Kozich lacks standing to bring the instant action would be to insulate Appellees from any allegations of malpractice. We note that Kozich did not assign the “cause of actio…
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Tyson v. Viacom, Inc., 890 So. 2d 1205 (Fla. 4th DCA 2005)…y concurring opinion of Judge Gross, we hereby recede from our prior decisions in Huff Groves Trust v. Caulkins Indian-town Citrus Co., 810 So. 2d 1049 (Fla. 4th DCA 2002), Florida Patient’s Compensation Fund v. St. Paul Fire & Marine Insurance Co., 535 So. 2d 335 (Fla. 4th DCA 1988), and Thermofin, Inc. v. Woodruff, 491 So. 2d 344 (Fla. 4th DCA 1986), all of which are in conflict with our holding in this ease. REVERSED AND REMANDED for further proceedings consistent with this opinion. FARMER, C.J., GUNTHER…1 / 3
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Fla. Patient's Comp. Fund v. ST. Paul Fire & Marine Ins. Co., 559 So. 2d 195 (Fla. 1990)…OVERTON, Justice. We have for review Florida Patient’s Compensation Fund v. St. Paul Fire and Marine Insurance Co., 535 So. 2d 335 (Fla. 4th DCA 1988). In that decision, the Fourth District Court of Appeal held that the Florida Patient’s Compensation Fund (the Fund) was barred from maintaining against St. Paul Fire and Marine Insurance Company (St. Paul) a second action for con…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Casey v. Welch, 50 So.2d 124 (Fla. 1951)
- Asher Melzer v. Jacob Agay H. & Sanina, N.V., 426 So. 2d 1049 (Fla. 3d DCA 1983)
- Rubin Santana v. State, 362 So. 2d 338 (Fla. 3d DCA 1978)
- Nat'l Equip. Rental, Ltd. v. Little Italy Rest. & Delicatessen, Inc., 362 So. 2d 338 (Fla. 4th DCA 1978)