S & S AIR CONDITIONING CO., A FLORIDA CORPORATION, AND JANET WILLIAMS, APPELLANTS,
v.
JOSEPH FREIRE, EUGENE DARDICK, D/B/A DARDICK GENERAL AGENCY, AND WASHINGTON NATIONAL INSURANCE COMPANY, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a complaint sufficiently stated a cause of action for fraudulent misrepresentation against an insurance agent and his employer, but not against the insurer, despite written application terms.
[1] A complaint for fraudulent misrepresentation must allege a misrepresentation of a material fact, knowledge of its falsity, intent for the plaintiff to rely, actual relian…
[2] Written insurance application terms do not preclude an action against an insurer and its agent for misrepresentation where the agent misrepresents coverage and the insure…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligencePlaintiffs alleged an insurance agent misrepresented that health coverage was bound, causing them to incur medical expenses without coverage. The tria…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Elements Of Fraud cases and more on FLexlaw
PER CURIAM.
S & S Air Conditioning and Janet Williams appeal from an order dismissing with prejudice their fourth amended complaint for damages upon a claim of fraudulent misrepresentation. We affirm in part and reverse in part.
Joseph Freire, an insurance agent allegedly employed by Dardick General Agency, proposed a Durham Insurance Company health plan to S & S. At Freire’s direction, S & S and its employees, including Janet Williams, submitted applications for insurance. S & S also issued a check for $1,052.05 payable to Comprehensive Benefits Administrators, Inc. (CBAI), as a binder for a Durham policy. Freire allegedly represented to S & S that its employees had full group coverage as of May 1, 1987. On May 1, 1987, Janet Williams’ son was injured and incurred medical expenses. Williams demanded payment from CBAI, but CBAI returned the premium check and informed S & S that coverage was nonexistent. S & S and Janet Williams brought an action against Freire, Dardick General Agency, and Dardick’s employer, Washington National Insurance Company, alleging that Freire as agent for Dardick and Washington National fraudulently misrepresented to S & S that coverage would be bound on May 1, 1987. The trial court, after several dismissals with leave to amend, dismissed plaintiffs’ fourth amended complaint with prejudice for failure to state a cause of action.
Finding that S & S and Janet Williams stated a cause of action for fraud against Freire and Dardick, we reverse that portion of the trial court’s order dismissing the complaint. However, because the allegations in the complaint failed to connect Washington National to the alleged misrepresentations, we affirm the dismissal as to Washington.
To state a valid cause of action for fraudulent misrepresentation, the complaint must allege the following elements: “(a) the misrepresentation of a material fact [by the defendants] ...; (b) that the defendants knew the falsity of the ’ representation; (c) that the defendants made the representation intending that plaintiffs would rely on it ...; (d) that the plaintiffs did rely on the representation ...; and (e) that the plaintiffs’ reliance caused damage.” Assad v. Mendell, 511 So. 2d 682, 683 (Fla. 3d DCA 1987) (citations omitted). Plaintiffs’ fourth amended complaint stated with sufficient particularity all of the elements necessary to state a cause of action for fraudulent misrepresentation.
Freire and Dardick contend that the recitals found in the applications for insurance presented to S & S vitiate the allegations of agency and reasonable reliance on Freire’s representations that coverage was bound on May 1, 1987, and defeat their cause of action for fraud. Specifically, defendants argue that the CBAI application for Durham coverage signed and agreed to by plaintiffs established that Freire acted as an agent for the insured, that Freire had no right to bind coverage, and that insurance would not be effective until Durham or CBAI approved the application.
The terms of the written application do not preclude an action against the insurer and its agent where the agent misrepresents the coverage of the insurance contract and the insured reasonably relies thereupon to his detriment. See Babcock v. United Servs. Automobile Ass’n, 501 So. 2d 679, 681 (Fla. 3d DCA 1987) (“For appellants to prevail on their claim, they had to demonstrate that [insured] made a valid request or application for full coverage ... and that, despite the fact that the written contract did not so reflect, [insurer] agreed to provide full coverage”); Peninsular Life Ins. Co. v. Wade, 425 So. 2d 1181, 1184 (Fla. 2d DCA 1983) (Because of insured’s reliance on explicit misrepresentations made by insurer’s agent and employee, insurer was estopped to deny full coverage notwithstanding clear and unambiguous policy provisions limiting such coverage). Here S & S sufficiently pled that Freire as agent1 for Dardick made knowing misrepresentations of material fact.and that these misrepresentations were reasonably relied upon2 to the detriment of S & S and Janet Williams. These allegations are sufficient to state a cause of action for which relief could be granted against both Freire3 and Dardick, his employer. Therefore, the trial court erred in dismissing the complaint as to these defendants.
We reject S & S’s contention that the trial court erred in dismissing its complaint against Washington National. There were no allegations connecting Washington with Freire’s misrepresentations.- Although Washington National appointed Dardick General Agency as its Florida agent, it had no authority over, or connection with, Freire, and we, therefore, affirm that portion of the trial court’s order dismissing with prejudice the cause against Washington National.
Accordingly, the order dismissing S & S and Janet Williams’s fourth amended complaint against Washington is affirmed, but the dismissal as against Freire and Dardick is reversed and the cause is remanded for further proceedings consistent with this opinion.
Affirmed in part, reversed in part, and remanded.
. The existence of an agency relationship is a question of fact. Scott v. Sun Bank of Volusia County, 408 So. 2d 591, 593 (Fla. 5th DCA 1981).
. Whether there was reliance on the misrepresentations is a question of fact. Pinzl v. Lapointe, 426 So. 2d 65 (Fla. 5th DCA 1983).
. An agent acting in the course of his employment is individually liable for fraudulent representations. Shee-Con, Inc. v. Al Seim Appraisal Serv., Inc., 427 So. 2d 311, 312 (Fla. 5th DCA 1983) (citations omitted).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Karem Elena Romo v. Amedex Ins. Co., 930 So. 2d 643 (Fla. 3d DCA 2006)…nsurance application automatically defeats the plaintiffs allegation of reliance. As the issue of whether the Romos reasonably relied upon the misrepresentations of Martinez is an issue of fact, we disagree. In S & S Air Conditioning Co. v. Freire, 555 So. 2d 387 (Fla. 3d DCA 1989), the plaintiffs filed a fourth amended complaint for fraudulent misrepresentation against Freire, who was an insurance agent employed by Dardick General Agency (“Dar-dick”); Dardick; and Washington National Insurance Company, who…
-
Martin v. Principal Mut. Life Ins. Co., 557 So. 2d 128 (Fla. 3d DCA 1990)…ance policy do not preclude an action against the insurer or its agent where the agent misrepresents the coverage of the insurance contract and the insured reasonably relies on the misrepresentation to his detriment. S & S Air Condit. Co. v. Freire, 555 So. 2d 387 (Fla. 3d DCA 1989). Reversed and remanded. . Although the existence of a statute of limitations defense may appear from the face of a complaint, subjecting the cause to dismissal by motion, Anderson v. Emro Mkt. Co., 550 So. 2d 531 (Fla. 1st DC…
-
Bouie v. Am. Gen. Life & Accident Ins., 199 F. Supp. 2d 1259 (N.D. Fla. 2002)…equally as entitled to recover against the individual defendants as against the insurer. In Florida, an employee who commits fraud on behalf of his employer is individually liable for the fraud. See, e.g., S & S Air Conditioning Co. v. Freire, 555 So.2d 387, 388 (Fla.3d DCA 1989); Shee-Con, Inc. v. Al Seim Appraisal Service, Inc., 427 So.2d 311 (Fla. 5th DCA 1983). The fraudulent joinder doctrine addresses situations in which a plaintiff has a claim against one defendant but joins another def…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Peninsular Life Ins. Co. v. Wade, 425 So. 2d 1181 (Fla. 2d DCA 1983)
- Scott v. SUN Bank OF Volusia Cnty., 408 So. 2d 591 (Fla. 5th DCA 1981)
- Shee-Con, Inc. v. AL Seim Appraisal Serv., Inc., 427 So. 2d 311 (Fla. 5th DCA 1983)
- Assad v. Mendell, 511 So. 2d 682 (Fla. 3d DCA 1987)
- Pinzl v. Lapointe, 426 So. 2d 65 (Fla. 5th DCA 1983)
- Babcock v. United Servs. Auto. Ass'n, 501 So. 2d 679 (Fla. 3d DCA 1987)