Legal Opinion · Dissent
James B. Woods, Sr. v. Independent Fire Insurance Company
Court of Appeals for the Eleventh Circuit
Decided January 8, 1985No. 83-8656Published
1DissentClark, Circuit Judge
In deciding this case the majority has committed two errors. First, it has failed to recognize that: (1) only a false misrepresentation with the intent to defraud will void coverage; and (2) this issue should have been decided by a jury. Second, by placing undue emphasis on Woods’ statements in his proof of loss, it has allowed it to outweigh an interrogation of Woods by the insurance company, while Woods was under oath. Because summary judgment was inappropriate under these circumstances, I must dissent.
The majority relies on Claflin v. Commonwealth Ins. Co., 110 U.S. 81, 3 S.Ct. 507, 28…
2Cases cited11 opinions
- Casey Enterprises, Inc. And D/B/A Pendley Hills Hardware and Minit Check Grocery, Fite H. Casey, Jr. v. American Hardware Mutual Insurance CompanyCourt of Appeals for the Fifth Circuit · 1981
- Impossible Electronics Techniques, Inc. v. Wackenhut Protective Systems, Inc.Court of Appeals for the Fifth Circuit · 1982
- Claflin v. Commonwealth InsuranceSupreme Court of the United States · 1884
- Insurance Co. v. NewtonSupreme Court of the United States · 1875
- Insurance Companies v. WeidesSupreme Court of the United States · 1872
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