Costa v. Kent Insurance Co.

District Court of Appeal of Florida

Costa v. Kent Insurance Co.

452 So. 2d 619, 9 Fla. L. Weekly 1817, 1984 Fla. App. LEXIS 13929

CourtDistrict Court of Appeal of Florida

DecidedJune 5, 1984

DocketNo. 83-1169

StatusPublished

This text of 452 So. 2d 619 (Costa v. Kent Insurance Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Costa v. Kent Insurance Co., 452 So. 2d 619, 9 Fla. L. Weekly 1817, 1984 Fla. App. LEXIS 13929 (Fla. Ct. App. 1984).

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Opinion

PER CURIAM.

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.

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PER CURIAM.

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.

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Bluebook (online)

452 So. 2d 619, 9 Fla. L. Weekly 1817, 1984 Fla. App. LEXIS 13929, Counsel Stack Legal Research, https://law.counselstack.com/opinion/costa-v-kent-insurance-co-fladistctapp-1984.

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