Southern Floridabanc Federal Savings & Loan Ass'n v. First Florida Funding Corp.
Southern Floridabanc Federal Savings & Loan Ass'n v. First Florida Funding Corp.
Opinion of the Court
Appellant, Southern Floridabanc Federal Savings and Loan Association, appeals a final summary judgment in favor of appel-lee, Commonwealth Mortgage Assurance Company, on appellee’s counterclaim for
We reverse the final summary judgment and remand for further proceedings based on a holding that unilateral mistake of fact is not a proper ground for rescinding a mortgage guaranty insurance contract in Florida. This is because mistake, as a ground for avoiding an insurance contract, is embodied within section 627.409, Florida Statutes (1989), of the Florida Insurance Code. Since section 627.409, Florida Statutes, has not been incorporated into chapter 635, Florida Statutes (1989), which governs mortgage guaranty insurance, appel-lee may not obtain rescission of its mortgage guaranty insurance contract based on unilateral mistake of fact. See Home Guaranty Insurance Corporation v. Numerica Financial Services, Inc., 835 F.2d 1354 (11th Cir. 1988).
Reversed and remanded for further proceedings consistent with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.