Costa v. Kent Insurance Co.
Costa v. Kent Insurance Co.
452 So. 2d 619; 9 Fla. L. Weekly 1817; 1984 Fla. App. LEXIS 13929
(Southern Reporter, Second Series)
Costa v. Kent Insurance Co.
Opinion of the Court
We reverse and remand for a new trial upon a holding that the trial court erred when it instructed the jury that the subject insurance policy would be “voided by the misrepresentation or concealment of a material fact ... even though [the insured] intended no fraud_” (Emphasis added.) Absent intent there can be no fraud. In re Estate of Donner, 364 So.2d 742 (Fla.3d DCA 1978).
Reversed and remanded for a new trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.