ROBERT K. FABRIC, M.D., AND ROBERT K. FABRIC, M.D., P.A., APPELLANTS,
v.
SURGEONS PROFESSIONAL LIABILITY SELF-INSURANCE TRUST FUND, APPELLEE
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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.
An insured's false statement on a malpractice insurance application that his medical license had never been voluntarily surrendered constitutes a material misrepresentation voiding the policy ab initio.
[1] A material misrepresentation on a professional malpractice insurance application regarding voluntary surrender of a medical license voids the policy ab initio.
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Join FLexlaw to unlock all legal intelligenceRobert K. Fabric, M.D. applied for professional malpractice insurance with the Surgeons Professional Liability Self-Insurance Trust Fund and falsely s…
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PER CURIAM.
This is an appeal by the defendants Robert K. Fabric, M.D. and Robert K. Fabric, M.D., P.A. from an adverse final summary judgment which voids ab initio the defendants’ professional malpractice insurance with the plaintiff Surgeons Professional Liability Self-Insurance Trust Fund in a declaratory decree action.
We affirm the final summary judgment under review upon a holding that (1) the defendant Robert K. Fabric, M.D. made a material misrepresentation on his application for proféssional malpractice insurance when he falsely stated that his medical or narcotics license had never been voluntarily surrendered, and (2) the defendant Robert K. Fabric, M.D.’s affidavit, filed in opposition to summary judgment is vague, conclusory, and creates no genuine issue of material fact as to whether the subject misrepresentation on the insurance application was a material misrepresentation. We have not overlooked the defendant’s contrary arguments as to each of the above two points, but are not persuaded thereby. See Landers v. Milton, 370 So. 2d 368, 370 (Fla.1979); Harvey Bldg., Inc. v. Haley, 175 So. 2d 780 (Fla.1965); Singer v. Nationwide Mut. Fire Ins. Co., 512 So. 2d 1125 (Fla. 4th DCA 1987); Garwood v. Equitable Life Assurance Soc’y of the United States, 299 So. 2d 163 (Fla. 3d DCA 1974), cert. denied, 321 So. 2d 553 (Fla.1975).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Irving W. Landers et ux. v. Adelle L. Milton, 370 So. 2d 368 (Fla. 1979)
- Holland Paving Co., Inc. v. Dann, 175 So. 2d 780 (Fla. 1965)
- Harvey Bldg., Inc. v. Ocie M. Haley, 175 So. 2d 780 (Fla. 1965)
- Garwood v. The Equitable Life Assurance Soc'y OF the United States, 299 So. 2d 163 (Fla. 3d DCA 1974)
- Rutledge v. State, 512 So. 2d 1125 (Fla. 4th DCA 1987)
- City OF Miami v. Laurence Brod, 321 So. 2d 553 (Fla. 1975)
- Garwood v. The Equitable Life Assurance Soc'y OF the United States, 321 So. 2d 553 (Fla. 1975)