STORY FROM: Superstorm Sandy Insurance Litigation

Material Misrepresentations on Application Warranted Rescission, Fla. Appeals Court Affirms

TAMPA, Fla. — A homeowners’ insurer properly rescinded a policy based upon a policyholder’s misrepresentations made on the application concerning prior damage to the home because they were material and would have affected the carrier’s decision to issue the coverage, a Florida appellate court has affirmed.

On Sept. 7, the Florida Court of Appeal, 4th District, upheld a trial court’s award of summary judgment to the insurer.

Hesham Moustafa and his wife Hala Ahmed purchased their home in 2003. Between 2003 and 2007, they made two insurance claims on the home. The first was made in 2005 for damage to ...

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Gaebe Mullen Antonelli & DiMatteo
Trujillo Vargas Ortiz Gonzalez

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