MAX ROSENBLUM, APPELLANT,
v.
EVELYN HART, APPELLEE

Fla. 3d DCA | 1957-11-05
No. 57-96
CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.
98 So. 2d 382 Florida District Court of Appeal, Third District (1957) Positive Treatment
Cited by 13 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This cause came on to be heard on the motion of the appellee to affirm the Amended Final Decree appealed from pursuant to Rule 3.9(c) of the rules of this Court, and it appearing to the Court from an examination of the record that said motion is appropriate and seasonably made and that it is manifest that the questions raised on appeal are without substantial merit and need no further argument;

It is accordingly ordered, adjudged and decreed that the motion to affirm the Amended Final Decree appealed from be, and the same is, hereby granted, .and the decree is

Affirmed.

CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (13 total)

  • Douglas v. The Mut. Life Ins. Co. OF NEW York, 191 So. 2d 483 (Fla. 2d DCA 1966)
    …t the deceased failed to disclose information which was material to the acceptance of the risk and that the insurer would not have issued the policy if it had known these facts.” See also: Prudential Ins. Co. of America v. Whittington, Fla.App.1957, 98 So. 2d 382. The appellate court in Pennsylvania Thresh. & F. M. C. Ins. Co. v. Koltunovsky, Fla.App.1964, 166 So. 2d 462, reversed the trial court’s decision for the insured and remanded because the trial court erred in refusing to introduce the testimony of…
  • Edson Lopes v. Allstate Indem. Co., 873 So. 2d 344 (Fla. 3d DCA 2004)
    …rocess). In addition, under Florida law, if there is a willful false statement of a material fact, there is no requirement that an insurer show prejudicial reliance in order to enforce the contract provision. See Prudential Ins. Co. v. Whittington, 98 So. 2d 382, 388 (Fla. 2d DCA 1957); Michigan Millers Mut. Ins. Corp. v. Benfield, 140 F. 3d 915 (11th Cir.1998) (in a case involving the application of Florida law to a declaratory judgment action by an insurer where the insured made misrepresentations during…
  • …ative to the degree of coverage as indicated in the policy1 and, therefore, it is immaterial that the appellee denied any losses if, in fact, this occurred. However, as pointed out in Prudential Insurance Co. of America v. Whittington, Fla.App.1957, 98 So. 2d 382, the negative reply to whether or not the appellee had suffered any losses within the period involved forestalled any further inquiry as to the nature of losses and, this occurring during the negotiation stage of the issuance of the policy, it was a…

Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Full citator, related cases, and AI research tools

Open in FLexlaw