Cases from cite.case.law:

PRIORITY MEDICAL REHABILITATION INC. a a o v. UNITED AUTOMOBILE INSURANCE COMPANY,, 227 So. 3d 672 (Fla. Dist. Ct. App. 2017)

. . . and United Auto defended, in part, by arguing that liability was barred under Florida Statute Section 627.409 . . .

LABOSS TRANSPORTATION SERVICES, INC. v. GLOBAL LIBERTY INSURANCE COMPANY OF NEW YORK,, 208 F. Supp. 3d 1268 (S.D. Fla. 2016)

. . . . § 627.409(1); see also Fresh Supermarket Foods, Inc. v. Allstate Ins. . . . Stat. § 627.409 where the insurer had the right to rescind the policy due to the insured’s material misrepresentation . . . Further, the Court finds that Global waived its rescission claim under § 627.409 through its subsequent . . .

MOUSTAFA v. OMEGA INSURANCE COMPANY,, 201 So. 3d 710 (Fla. Dist. Ct. App. 2016)

. . . Indeed, section 627.409, Florida Statutes, provides in pertinent part: (1) Any statement or description . . . an amount, or would not have provided coverage with respect to the hazard resulting in the loss. §• 627.409 . . . Thé determination of materiality under section 627.409(1)(a) is generally a question of law based on . . . In contrast, the determination to be made under section 627.409(1)(b) regarding how an insurer would . . . Singer, 512 So.2d at 1129 (discussing the earlier version of section 627.409 but concluding that this . . .

CERTAIN UNDERWRITERS AT LLOYD S LONDON, v. JIMENEZ,, 197 So. 3d 597 (Fla. Dist. Ct. App. 2016)

. . . See § 627.409(1), Fla. Stat. (2007); United Auto. Ins. Co. v. . . . , or would have changed the insurer’s decision whether to issue the policy and' its terms, [section 627.409 . . . Florida- Statute section 627.409(1) provides that misrepresentations, -omissions, concealment of facts . . . monitored system, statements in their application prevent recovery under the policy in question, See § 627.409 . . .

LABOSS TRANSPORTATION SERVICES, INC. v. GLOBAL LIBERTY INSURANCE COMPANY OF NEW YORK,, 188 F. Supp. 3d 1320 (S.D. Fla. 2016)

. . . . § 627.409(1). . . . Stat. § 627.409 where' the insurer- had the right to rescind the policy due to the insured’s material . . . Further, the Court finds that Global waived its rescission claim under § 627.409 through its subsequent . . .

HORMAZA v. UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY,, 193 So. 3d 24 (Fla. Dist. Ct. App. 2016)

. . . See § 627.409(1), Fla. Stat. (2011); Nationwide Mut. Fire Ins, Co. v. . . .

GAMEZ, v. ACE AMERICAN INSURANCE COMPANY,, 638 F. App'x 850 (11th Cir. 2016)

. . . singular issue of law presented by Gamez involves a construction and application of Florida Statute § 627.409 . . . That rule is incorporated by Subsection (l)(a) of Florida Statute § 627.409 which provides that a misrepresentation . . .

UNITED STATES LIABILITY INSURANCE COMPANY, v. KELLEY VENTURES, LLC, P., 137 F. Supp. 3d 1312 (S.D. Fla. 2015)

. . . Rescission for Material Misstatements on Application Section 627.409(1)(b), Fla. . . .

PRIVILEGE UNDERWRITERS RECIPROCAL EXCHANGE, v. CLARK,, 174 So. 3d 1028 (Fla. Dist. Ct. App. 2015)

. . . The Johnson court held that, “under the policy here and under section 627.409(1), [Florida Statutes,] . . .

GREAT AMERICAN INSURANCE COMPANY, v. VETERAN S SUPPORT ORGANIZATION,, 166 F. Supp. 3d 1303 (S.D. Fla. 2015)

. . . Great American alleges that is entitled to a rescission of the policy, pursuant to Florida Statute § 627.409 . . .

ECHO, v. MGA INSURANCE COMPANY, INC., 157 So. 3d 507 (Fla. Dist. Ct. App. 2015)

. . . under said policy” entitled it “to revoke and/or cancel the contract of insurance pursuant to F.S. 627.409 . . . policy of insurance should have been issued,” thus, rescission was appropriate pursuant, to section 627.409 . . . material misrepresentations in the insurance application, warranting rescission pursuant to section 627.409 . . . Pursuant to section 627.409(1), Florida Statutes, an insured’s material misrepresentation “may prevent . . . benefits, MGA took the position that it had no obligations at all under the policy, based on section 627.409 . . .

MORA ROSAURA MORA, v. TOWER HILL PRIME INSURANCE COMPANY,, 155 So. 3d 1224 (Fla. Dist. Ct. App. 2015)

. . . on the theory that the Moras had misrepresented the condition of their home in violation of section 627.409 . . . Section 627.409 allows an insurer to forfeit coverage when an insured makes certain misrepresentations . . . See § 627.409(1)(a), (b). . . . Under subsection 627.409(1)(b), the insurer needs to provide an explanation as to why “in good faith” . . . As to the second deficiency, on this record the “true facts” for purposes of section 627.409. are nothing . . .

PERICLES, J. P. a v. MGA INSURANCE COMPANY, INC., 567 F. App'x 804 (11th Cir. 2014)

. . . . § 627.409(1)(a); see also United Auto. Ins. Co. v. . . . Stat. § 627.409(1)(a). . . .

B. ORETSKY, v. INFINITY INSURANCE COMPANY,, 524 F. App'x 517 (11th Cir. 2013)

. . . Stat. § 627.409(2). . . . As an initial matter, § 627.409(2) likely does not apply to motor vehicle casualty insurance policies . . . But even if § 627.409(2) applied to motor vehicle policies, such as the one in this case, Infinity has . . . Stat. § 627.409(2); see also Eastern Ins. Co. v. . . . Austin, 396 So.2d 823, 825 (Fla. 4th DCA 1981) (holding that § 627.409(2) did not void coverage after . . .

MAPLEWOOD PARTNERS, L. P. L. P. LLC, v. INDIAN HARBOR INSURANCE COMPANY,, 295 F.R.D. 550 (S.D. Fla. 2013)

. . . . § 627.409. . . .

OCEAN S BAR GRILL, INC. a v. INDEMNITY INSURANCE CORPORATION OF DC, RISK RETENTION GROUP, a, 522 F. App'x 696 (11th Cir. 2013)

. . . Section 627.409 provides in relevant part: A misrepresentation, omission, concealment of fact, or incorrect . . . Stat. § 627.409(1)(a) & (b). . . . The district court noted that, as a general rule, under § 627.409 an insurer may void a policy for misstatements . . . and belief’ in an insurance application has agreed to a lesser knowledge standard than the one in § 627.409 . . . ” and “place[d] Ocean’s ll’s insurance policy [back] within the purview of Florida Statutes section 627.409 . . .

UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY, v. A. JOHNSON, 114 So. 3d 1031 (Fla. Dist. Ct. App. 2013)

. . . to trial, the Johnsons moved for summary judgment arguing that Universal could not rely on section 627.409 . . . The trial court held that the insurance policy, and not section 627.409, was controlling. . . . This second finding mirrors the language of section 627.409(l)(b), quoted above. . . . Further, Universal submits that under section 627.409(1), Florida Statutes, it was permitted to deny . . . Under section 627.409(1) an insured’s misrepresentation, omission, concealment of fact, or incorrect . . .

REDLAND INSURANCE COMPANY, v. CEM SITE CONSTRUCTORS, INC. E. III E. Jr. P. P. J. Jr., 86 So. 3d 1259 (Fla. Dist. Ct. App. 2012)

. . . count, Redland requested a declaration that it was entitled to rescission of the policy under section 627.409 . . .

DEHRES LLC, a a J. B. LLC d b a J. a a d b a Co. a a a d b a Co. a v. UNDERWRITERS AT INTEREST AT LLOYDS LONDON No. v. d b a a, 826 F. Supp. 2d 1338 (S.D. Fla. 2011)

. . . . § 627.409 because of Mr. Havens’ misrepresentations. Lloyds argues that Mr. . . . Stat § 627.409 (providing that recovery under an insurance policy may be prevented by a misrepresentation . . . Stat. § 627.409 because the insurance application states that “any intentional misrepresentation of any . . .

J. BEND, Jr. v. SHAMROCK SERVICES, 59 So. 3d 153 (Fla. Dist. Ct. App. 2011)

. . . nature of his business and his business activities, the Zenith policy was void ab initio under section 627.409 . . . obliged to seek a remedy outside of chapter 440, specifically the denial of recovery under section 627.409 . . . distinguish Perkins, so as to permit a workers’ compensation carrier to obtain remedy under section 627.409 . . . In Perkins, we concluded that a JCC erred “as a matter of law” in applying section 627.409(1), so as . . . Section 627.409(1)(a), Florida Statutes (2007), the provision of the general Insurance Code on which . . .

GREAT LAKES REINSURANCE UK PLC, v. Y. ROSIN, 757 F. Supp. 2d 1244 (S.D. Fla. 2010)

. . . . § 627.409(2). . . . Under § 627.409(2), the burden of proving an increase of the hazard is on Great Lakes. . . . and shown that Paul’s operation of the “Queen of Hearts” increased the hazard within the meaning of § 627.409 . . . Flagship Marine Services, Inc., 190 F.Sd 26, 33 (2d Cir.1999) (applying § 627.409(2), and holding that . . . in water, in breach of warranty that vessel would be “laid up,” increased hazard to insurer under § 627.409 . . .

MERCURY INSURANCE COMPANY OF FLORIDA, v. S. MARKHAM,, 36 So. 3d 730 (Fla. Dist. Ct. App. 2010)

. . . Similarly, section 627.409(1), Florida Statutes (2002), authorized an insurer to deny coverage and rescind . . .

KEENAN HOPKINS SCHMIDT AND STOWELL CONTRACTORS, INC. a v. CONTINENTAL CASUALTY COMPANY,, 653 F. Supp. 2d 1255 (M.D. Fla. 2009)

. . . . § 627.409, which lays out the circumstances in which a misrepresentation, omission or concealment of . . .

UNITED AUTOMOBILE INSURANCE COMPANY, v. SALGADO,, 22 So. 3d 594 (Fla. Dist. Ct. App. 2009)

. . . that, absent an express exclusion by the legislature, the right of rescission contained in section 627.409 . . . The statutory right to rescission is set forth in section 627.409. . . . See § 627.409(l)(a), Fla. Stat. (2003); Carroll, 485 So.2d at 409; see also Gonzalez v. Eagle Ins. . . . Stat., Section 627.409; Continental Insurance [Assurance] Company v. . . . Specifically, section 627.409, Florida Statutes (2003), states: 627.409. . . .

H. FRETWELL, v. KANSAS CITY LIFE INSURANCE COMPANY, 643 F. Supp. 2d 1317 (N.D. Fla. 2009)

. . . . § 627.409(1), Fla. Stat. (2008) (emphasis added). . . .

WELLS FARGO BANK, N. A. v. WEST COAST LIFE INSURANCE COMPANY,, 631 F. Supp. 2d 844 (N.D. Tex. 2009)

. . . . § 627.409(1), the misrepresentations are grounds for rescission of the Policies. . . .

AXA EQUITABLE LIFE INSURANCE COMPANY, v. INFINITY FINANCIAL GROUP, LLC,, 608 F. Supp. 2d 1349 (S.D. Fla. 2009)

. . . . § 627.409. . . .

LLOYD S OF LONDON AG UK PLC ING SA, v. PAG N- S NCHEZ n- v. d b a XYZ, 539 F.3d 19 (1st Cir. 2008)

. . . . § 627.409(2) ("A breach ... by the insured of any warranty ... of any wet marine ... insurance policy . . .

CLARENDON AMERICA INSURANCE COMPANY, v. BAYSIDE RESTAURANT, LLC d b a CJ d b a, 567 F. Supp. 2d 1379 (M.D. Fla. 2008)

. . . . § 627.409(2) states: a breach or violation by the insured of any warranty, condition, or provision . . .

MID- CONTINENT CASUALTY COMPANY, v. L. B. KING, d b a, 552 F. Supp. 2d 1309 (N.D. Fla. 2008)

. . . relief seeking the following declarations: (1) that the policy is void ab initio pursuant to section 627.409 . . . Stat. § 627.409, which generally permits rescission of insurance policies in cases of misrepresentation . . .

RAPPAPORT, v. PROGRESSIVE EXPRESS INSURANCE COMPANY,, 972 So. 2d 970 (Fla. Dist. Ct. App. 2007)

. . . . § 627.409. . . . More to the point, Progressive is seeking to avoid coverage in this case on the basis of section 627.409 . . . Therefore section 627.409, Florida Statutes (2003), has no application to this case. . . . See § 627.409, Fla. Stat. (2003); Motors Ins. Corp. v. Marino, 623 So.2d 814 (Fla. 3d DCA 1993). . . .

CASAMASSINA, v. UNITED STATES LIFE INSURANCE COMPANY IN CITY OF NEW YORK, 958 So. 2d 1093 (Fla. Dist. Ct. App. 2007)

. . . Under section 627.409, Florida Statutes (1997), an insurer may rescind an insurance policy on the grounds . . . from, an application for insurance need not be intentional before recovery may be denied pursuant to 627.409 . . . standard set forth in the insurance application controls over the strict standard set forth in section 627.409 . . .

MIGUEL, a v. METROPOLITAN LIFE INSURANCE COMPANY,, 200 F. App'x 961 (11th Cir. 2006)

. . . Ann. § 627.409. . . . Ann. § 627.409(l)(a), (b) (2005). . . . Thus, her denials in this regard qualify as misstatements under § 627.409. B. . . . Ann. § 627.409(l)(b). . . . Both Hauser and Sands involved a prior version of § 627.409(1). . . .

GONZALEZ, v. EAGLE INSURANCE COMPANY,, 948 So. 2d 1 (Fla. Dist. Ct. App. 2006)

. . . Section 627.409, Florida Statutes (2005), provides as follows: (1) Any statement or description made . . . Section 627.409, however, is silent as to whether the insurer must return the premiums paid when there . . . Co., 675 So.2d 176, 179 (Fla. 4th DCA 1996), in which he reasoned as follows: Construing section 627.409 . . . First, it states that section 627.409 does not mandate a refund of the premium. . . . that case also involved the omission of the son’s name from the application as material under section 627.409 . . .

JOSEPH, O. v. ZURICH LIFE INSURANCE COMPANY OF AMERICA, a, 159 F. App'x 114 (11th Cir. 2005)

. . . Florida Statute § 627.409 sets forth when a misrepresentation or omission in an insurance application . . . Stat. § 627.409(l)(a). . . . Stat. § 627.409(l)(b). Both Florida provisions apply here to Mr. . . .

MERCURY INSURANCE COMPANY OF FLORIDA, v. COOPER,, 919 So. 2d 491 (Fla. Dist. Ct. App. 2005)

. . . See § 627.409(1), Fla. . . .

OLD REPUBLIC INSURANCE COMPANY, v. GRIFFIN,, 402 F.3d 876 (9th Cir. 2005)

. . . Stat. ch. 627.409 (1979)); see also Puckett v. U.S. Fire Ins. . . .

GRG TRANSPORT, INC. v. CERTAIN UNDERWRITERS AT LLOYD S, LONDON,, 896 So. 2d 922 (Fla. Dist. Ct. App. 2005)

. . . Specifically, GRG argues that the strict standard set forth in section 627.409(1), Florida Statutes ( . . . Pursuant to section 627.409(l)(a) and (b), any misrepresentation, innocent or intentional, will void . . . standard set forth in the insurance application controls over the strict standard set forth in section 627.409 . . . incorporates a “knowledge and belief’ standard, the. rigid statutory standard set forth in section 627.409 . . .

GAINSCO a s o v. ECS CHOICEPOINT SERVICES, INC., 853 So. 2d 491 (Fla. Dist. Ct. App. 2003)

. . . conclude that the trial court’s ruling below was based upon a misinterpretation of the effect of section 627.409 . . . the nightclub as one of the businesses occupying the insured building the case is governed by section 627.409 . . . policy by invoking the insured’s omission or misrepresentation as an absolute defense under section 627.409 . . . And although section 627.409(1) might otherwise be invoked as above noted to avoid coverage based upon . . .

FRESH SUPERMARKET FOODS, INC. v. ALLSTATE INSURANCE COMPANY, 829 So. 2d 1000 (Fla. Dist. Ct. App. 2002)

. . . Section 627.409, Florida Statutes (1995), states that a misrepresentation, omission, concealment of fact . . .

CENTRAL DADE MALPRACTICE TRUST FUND, v. B. SHAPIRO, M. D. P. A., 827 So. 2d 1032 (Fla. Dist. Ct. App. 2002)

. . . Section 627.409(1), Florida Statutes (1995). See MacCabees Life Ins. Co. v. . . .

F. PAULUCCI, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY,, 190 F. Supp. 2d 1312 (M.D. Fla. 2002)

. . . Paulucci argues that pursuant to Section 627.409, Florida Statutes, concealment and misrepresentation . . . However, Section 627.409, entitled “Representations in applications; warranties,” is wholly inapplicable . . .

B. SIMMONS, Sr. v. CONSECO LIFE INSURANCE COMPANY,, 170 F. Supp. 2d 1215 (M.D. Fla. 2001)

. . . . § 627.409(1), Fla. Stat. . . . here has not been shown to have incorrectly answered the question posed as contemplated by section 627.409 . . . The district court granted summary judgment for the insurance company based on § 627.409(1), Fla. . . . in its application forms imposed a different requirement of accuracy than that provided in section 627.409 . . . Under § 627.409(1), Fla. Stat., that would have been sufficient to rescind the insurance policy. . . .

GREEN, v. LIFE HEALTH OF AMERICA, a, 776 So. 2d 949 (Fla. Dist. Ct. App. 2000)

. . . court’s decision, finding the decedent’s answers were not misstatements within the meaning of section 627.409 . . . to the best of [his] ‘knowledge and belief,’ [were] not misstatements within the meaning of section 627.409 . . . policy application form, did not provide grounds for rescinding and voiding the policy under section 627.409 . . .

OCEAN HARBOR CASUALTY INSURANCE COMPANY, v. ALEMAN,, 765 So. 2d 754 (Fla. Dist. Ct. App. 2000)

. . . failure to disclose the information constituted a “material misrepresentation pursuant to Florida Statute 627.409 . . .

UNITED SERVICES AUTOMOBILE ASSOCIATION, a v. CLARKE, C., 757 So. 2d 554 (Fla. Dist. Ct. App. 2000)

. . . Section 627.409(1), Florida Statutes (1997), provides: (1) Any statement or description made by or on . . . , we find that USAA was entitled to void the policy, pursuant to subsections (a) and (b) of section 627.409 . . .

C. GRIFFIN, V. v. AMERICAN GENERAL LIFE AND ACCIDENT INSURANCE COMPANY,, 752 So. 2d 621 (Fla. Dist. Ct. App. 1999)

. . . We conclude that the statute regulating misrepresentation, now at section 627.409, supplanted prior case . . . Section 627.409, Florida Statutes (1993), permits an insurer to avoid coverage if an application contains . . . Section 627.409 governs misrepresentation in the application. . . . When this case is analyzed under section 627.409, numerous fact issues remain that preclude summary judgment . . . See § 627.409(1)(a); Anderson v. Armor Ins. . . .

COMMERCIAL UNION INSURANCE COMPANY, v. FLAGSHIP MARINE SERVICES, INC. d b a v. d b a, 190 F.3d 26 (2d Cir. 1999)

. . . See FL ST § 627.409(2) (setting forth distinct approach to marine insurance contracts). . . .

T. PENARANDA, v. PROGRESSIVE AMERICAN INSURANCE COMPANY,, 747 So. 2d 953 (Fla. Dist. Ct. App. 1999)

. . . misrepresentations were “sufficiently material to Progressive’s acceptance of the risk pursuant to section 627.409 . . . 1032, 1033 (Fla. 3d DCA 1988) (affirming summary judgment in favor of the insurer pursuant to section 627.409 . . .

MIMS, v. OLD LINE LIFE INSURANCE COMPANY OF AMERICA,, 46 F. Supp. 2d 1251 (M.D. Fla. 1999)

. . . Florida Statutes § 627.409(1) (1995). . . . the best of the insured’s ‘knowledge and belief [are not] misstatements within the meaning of section 627.409 . . . See Florida Statutes § 627.409(1) (1995). . . .

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, v. S. KRAMER M., 725 So. 2d 1141 (Fla. Dist. Ct. App. 1998)

. . . An insurer’s right to rescind a policy based on material representations is governed by section 627.409 . . .

T. KIESER, v. OLD LINE LIFE INSURANCE COMPANY OF AMERICA,, 712 So. 2d 1261 (Fla. Dist. Ct. App. 1998)

. . . would have done so on different terms”; and that, as a matter of law, recovery was precluded by section 627.409 . . . relied on the misrepresentations and omissions; and that, therefore, recovery was precluded by section 627.409 . . . Section 627.409(1), Florida Statutes (1987), reads: All statements and descriptions in any application . . . application for insurance need not be intentional before recovery may be denied pursuant to section 627.409 . . . .2d 1032 (Fla. 3d DCA 1988) (affirming a summary judgment in favor of the insurer pursuant to section 627.409 . . .

C. BLEASDELL, B. v. UNDERWRITERS GUARANTEE INSURANCE COMPANY,, 707 So. 2d 411 (Fla. Dist. Ct. App. 1998)

. . . Shifflet, 201 So.2d 715 (Fla.1967), construing the language of section 627.409, Florida Statutes (1963 . . .

GREEN, v. LIFE HEALTH OF AMERICA,, 704 So. 2d 1386 (Fla. 1998)

. . . the best of the insured’s “knowledge and belief,” are not misstatements within the meaning of section 627.409 . . . summary final judgment in favor of Life & Health, finding that rescission was proper under section 627.409 . . . Sands, 912 F.2d 1359 (11th Cir.1990), she asserted that even if an exception to section 627.409 is created . . . confluence of factors foreclosed Life & Health’s resort to the strict statutory language in section 627.409 . . . In short, section 627.409 was never implicated under these facts, and therefore summary judgment should . . .

WIMBERG, Jr. v. CHANDLER, In W. CHANDLER C. PROGRESSIVE AMERICAN INSURANCE CO. v. CHANDLER Jr., 986 F. Supp. 1447 (M.D. Fla. 1997)

. . . . § 627.409: 31. . . . Progressive seeks to avoid coverage on the Douglas Skater based upon Florida Statute § 627.409. . . . “Where a misrepresentation occurs that meets the requirements of § 627.409 the insurer, as a matter of . . . insurer such as Progressive may enforce less stringent standards than required by Florida Statute § 627.409 . . . (f) Conclusion Regarding Florida Statute § 627.409: 51. . . .

NORTHFIELD INSURANCE COMPANY, v. BARLOW,, 983 F. Supp. 1376 (N.D. Fla. 1997)

. . . which explained in a thorough discussion the concept of materiality as applied to Florida Statute § 627.409 . . . Stat. § 627.409(1) as broadly as INA urges this court to do would give insurers the power to play ‘Monday . . .

BOCA RATON COMMUNITY HOSPITAL, INC. v. G. BRUCKER,, 695 So. 2d 911 (Fla. Dist. Ct. App. 1997)

. . . genuine issue of material fact and granted summary judgment as a matter of law pursuant to section 627.409 . . .

K. FABRIC, M. D. K. M. D. P. A. a v. PROVIDENT LIFE ACCIDENT INSURANCE COMPANY, a, 115 F.3d 908 (11th Cir. 1997)

. . . . § 627.409 (1996), which set out the pre-1992 language of this section. . . . See also, Ann. to § 627.409. In this case, as in National Union Fire Ins. Co. v. . . . Where a misrepresentation occurs that meets the requirements of § 627.409 the insurer, as a matter of . . . Also, where misrepresentation occurs that meets the requirements of § 627.409 the insurer may assert . . . The insurer’s letter came nowhere close to meeting the requirements of § 627.409 that might justify unilateral . . .

KOPELOWITZ, v. HOME INSURANCE COMPANY, a HOME INSURANCE COMPANY, v. I. SHAPIRO,, 977 F. Supp. 1179 (S.D. Fla. 1997)

. . . . § 627.409 (1996). . . .

GREEN, v. LIFE HEALTH OF AMERICA, a, 692 So. 2d 220 (Fla. Dist. Ct. App. 1997)

. . . See § 627.409, Fla. Stat. (1995). . . . here by Life & Health that the supreme court’s decision in Carroll foreclosed an exception to section 627.409 . . . The eleventh circuit, without doing violence to either section 627.409 or the result in Carroll, reasoned . . . , omissions, concealment of facts, and incorrect statements than the standard authorized by section 627.409 . . . The majority holds that the focus of section 627.409 is not on whether the applicant intentionally gives . . . The trial court entered summary final judgment in favor of Life & Health finding that, under section 627.409 . . . The relevant portions of section 627.409, Florida Statutes (1993), are as follows: Representations in . . . Carroll, 485 So.2d 406, 409 (Fla.1986), the supreme court considered section 627.409 and held that “[ . . . contract drafted by the insurer imposes a different standard of accuracy than that provided in section 627.409 . . . we affirm the trial court’s grant of summary judgment in favor of Life & Health based upon section 627.409 . . .

L. STEELE, v. JACKSON NATIONAL LIFE INSURANCE COMPANY,, 691 So. 2d 525 (Fla. Dist. Ct. App. 1997)

. . . See § 627.409, Fla. Stat. (1985). . . . Section 627.409 provides in part: 627.409 Representations in applications; warranties.— (1) All statements . . .

S. CARTER J. v. UNITED OF OMAHA LIFE INSURANCE,, 685 So. 2d 2 (Fla. Dist. Ct. App. 1996)

. . . statute applicable to the misrepresentation defense asserted by the insurer in .this case is section 627.409 . . . offered the subject policy if the true facts had been known may satisfy the requirements of section 627.409 . . . by the insurer in the subject application for health insurance, in the specific context of section 627.409 . . . contract drafted by the insurer imposes a different standard of accuracy than that provided in section 627.409 . . . , omissions, concealment of facts, and incorrect statements than the standard authorized by section 627.409 . . .

KAUFMAN, a v. MUTUAL OF OMAHA INSURANCE COMPANY,, 681 So. 2d 747 (Fla. Dist. Ct. App. 1996)

. . . This case does not involve any issue under section 627.409, Florida Statutes (1991), the general statute . . .

HAMILTON, Jr. v. MECCA, INC. d b a s, 930 F. Supp. 1540 (S.D. Ga. 1996)

. . . . § 627.409(1), identical to O.C.G.A. § 33-24-7(b). Id. at 1333-34. . . .

RLI INSURANCE COMPANY, v. COLLADO, K., 678 So. 2d 1313 (Fla. Dist. Ct. App. 1996)

. . . . § 627.409(1), Fla. Stat. (1989). Continental Assurance Co. v. Carroll, 485 So.2d 406 (Fla.1986). . . .

LEONARDO, v. STATE FARM FIRE AND CASUALTY CO., 675 So. 2d 176 (Fla. Dist. Ct. App. 1996)

. . . Section 627.409, Florida Statutes (1995), speaks to the types of misrepresentations, concealments of . . . Construing section 627.409, the Supreme Court has noted that material misstatements in an insurance application . . .

LeMASTER, v. USAA LIFE INSURANCE CO., 922 F. Supp. 581 (M.D. Fla. 1996)

. . . Florida Statute 627.409 (1995) provides: (1) Any statement ... made by ... an insured or an annuitant . . .

FORTUNE INSURANCE COMPANY, v. PHILONE,, 670 So. 2d 122 (Fla. Dist. Ct. App. 1996)

. . . Koltunovsky, 166 So.2d 462 (Fla.3d DCA), cert. denied, 171 So.2d 390 (Fla.1964); § 627.409(1), Fla.Stat . . .

STRICKLAND IMPORTS, INC. a v. UNDERWRITERS AT LLOYDS, LONDON, a, 668 So. 2d 251 (Fla. Dist. Ct. App. 1996)

. . . The trial court’s ruling was based on a misstatement in the insurance policy application and section 627.409 . . . of all the evidence, the trial court granted directed verdict in Lloyds’ favor, pursuant to section 627.409 . . . insurance policy, which void the contract only for intentional misrepresentation, control over section 627.409 . . . the court was asked to decide whether an Alabama statute, which was substantially similar to section 627.409 . . . Section 627.409 provides: (1) Any statement or description made by or on behalf of an insured or annuitant . . .

LIFE INSURANCE COMPANY OF NORTH AMERICA, v. A. CICHOWLAS,, 659 So. 2d 1333 (Fla. Dist. Ct. App. 1995)

. . . The general standard for accuracy by an insurance applicant is set forth in section 627.409(1), Florida . . . states that “[t]he general standard for accuracy by an insurance applicant is set forth in section 627.409 . . .

J. HAUSER, A. v. LIFE GENERAL SECURITY INSURANCE COMPANY,, 56 F.3d 1330 (11th Cir. 1995)

. . . . § 627.409(1) (1985). . . . This Court has found that “an essential prerequisite to the application of Florida Statutes section 627.409 . . . language in the policy at issue here, “imposed a different requirement of accuracy than that provided in § 627.409 . . . In Sands, we found that section 627.409(1) is inapplicable to the concealment of information not solicited . . . Florida Statutes section 627.409(1) was rewritten effective October 1, 1992. . . .

FEDERAL DEPOSIT INSURANCE CORPORATION, a v. VEREX ASSURANCE, INC., 48 F.3d 1152 (11th Cir. 1995)

. . . . § 627.409 applied to mortgage guaranty insurance contracts in Florida prior to 1983. . . . Did Fla.Stat. § 627.409 apply to applications for and contracts of mortgage guaranty insurance prior . . .

FIRST NATIONAL BANK HOLDING COMPANY, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND,, 885 F. Supp. 1533 (N.D. Fla. 1995)

. . . Section 627.409(1), Florida Statutes Annotated (Supp.1984), states: 627.409. . . . Therefore, pursuant to Section 627.409, Florida Statutes, the insurance policy at issue is void ab initio . . . In 1992, the Florida legislature rewrote Section 627.409, making minor changes in wording. . . .

FEDERAL DEPOSIT INSURANCE CORPORATION, v. VEREX ASSURANCE, INC., 645 So. 2d 427 (Fla. 1994)

. . . However, the final issue— whether Verex can rely on section 627.409, Florida Statutes (Supp.1982), to . . . In reaching this decision, the district court concluded that section 627.409 of the Florida Statutes . . . to October 1, 1983 was unsettled, the district judge concluded that § 627.409 did apply to these two . . . extended the protection of § 627.409 to mortgage guaranty insurers. . . . Section 627.409 does not appear on the list of provisions expressly incorporated into Chapter 635. . . .

INDEPENDENT FIRE INSURANCE COMPANY, v. PAULEKAS, 633 So. 2d 1111 (Fla. Dist. Ct. App. 1994)

. . . argued that Independent could not avoid coverage, citing to Florida’s anti-technical statute, Section 627.409 . . . Section 627.409(2), provides that a technical omission which does not increase the hazard that causes . . . give such notice does not allow Independent to deny coverage because of the applicability of Section 627.409 . . .

PINO, v. UNION BANKERS INSURANCE CO., 627 So. 2d 535 (Fla. Dist. Ct. App. 1993)

. . . See generally § 627.409, Fla.Stat. (1991) (representations in insurance applications). . . .

FEDERAL DEPOSIT INSURANCE CORPORATION, a v. VEREX ASSURANCE, INC., 3 F.3d 391 (11th Cir. 1993)

. . . to October 1, 1983 was unsettled, the district judge concluded that § 627.409 did apply to these two . . . FDIC challenges the district court’s application of § 627.409 in this appeal. II. . . . Finally, FDIC claims that § 627.409 did not apply to mortgage guaranty insurance prior to October 1, . . . Application of Fla.Stat. § 627.409 The remaining question to be resolved is whether Fla.Stat. § 627.409 . . . extended the protection of § 627.409 to mortgage guaranty insurers. . . .

COX, v. AMERICAN PIONEER LIFE INSURANCE COMPANY, a, 626 So. 2d 243 (Fla. Dist. Ct. App. 1993)

. . . Section 627.409(1), Florida Statutes (1991) provides the following: 627.409 Representations in applications . . . Section 627.409, Florida Statutes (1991) requires such a showing before coverage may be denied. . . .

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. v. F. SAHLEN, R. H., 999 F.2d 1532 (11th Cir. 1993)

. . . . § 627.409(1): (1) All statements and descriptions in any application for an insurance policy or annuity . . . Fla.Stat. § 627.409(1) (1989). . . . Fla.Stat. § 627.409(1)(b) & (c). . . . However, the absence of factual disputes material to the application of Fla.Stat. § 627.409 in this case . . . In 1992, the Florida legislature rewrote section 627.409. See Fla.Stat. § 627.409 (1992 supp.). . . .

MOTORS INSURANCE CORPORATION, v. MARINO, 623 So. 2d 814 (Fla. Dist. Ct. App. 1993)

. . . Section 627.728, and upon waiver of its right to rescind by attempting to cancel the policy under Section 627.409 . . . Fla.Stat., Section 627.409; Continental Insurance Company v. . . .

PROFESSIONAL LIABILITY INSURANCE COMPANY, v. S. POLLACK, M. D. S. M. D. P. A. a, 827 F. Supp. 736 (M.D. Fla. 1993)

. . . PLICO, then brought the instant action pursuant to Section 627.409, Florida Statutes, seeking: 1) to . . .

GENERAL STAR INDEMNITY COMPANY, v. PUCKIT, L. C., 818 F. Supp. 1526 (M.D. Fla. 1993)

. . . asserting that the alleged misrepresentations on the insurance application, pursuant to Fla.Stat. ch. 627.409 . . .

PERKINS, v. A. PERKINS DRYWALL A. PERKINS DRYWALL, v. CIGNA PROPERTY AND CASUALTY COMPANIES,, 615 So. 2d 187 (Fla. Dist. Ct. App. 1993)

. . . of Chapter 440, Florida Statutes, we hold the JCC erred, as a matter of law, in relying on section 627.409 . . . The JCC relied on section 627.409(1), Florida Statutes (1989), which provides: (1) All statements and . . . The Carrier maintains that applying section 627.409(1), Florida Statutes (1989), a part of the Florida . . . The carrier relied on an Arizona statute worded substantially the same as Florida’s section 627.409(1 . . . Claimant argues that it was error to apply section 627.409(1) to this case because the circumstances . . .

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, v. F. SAHLEN,, 807 F. Supp. 743 (S.D. Fla. 1992)

. . . . § 627.409. . . . Fla.Stat. § 627.409(1) provides as follows: (1) All statements and descriptions in any application for . . . The Florida Supreme Court has construed the plain language of Fla.Stat. § 627.409 to provide that an . . . Liability Policy- Sections 627.409(1)(b) and (c) of the Florida Statutes preclude recovery under an . . . (1)(b) and § 627.409(1)(c). . . .

MACCABEES LIFE INSURANCE COMPANY, v. SABERI,, 611 So. 2d 537 (Fla. Dist. Ct. App. 1992)

. . . misrepresentations in the application for insurance voided the policy as a matter of law under section 627.409 . . .

GOVERNMENT EMPLOYEES INSURANCE COMPANY, v. DECHEONA, 610 So. 2d 480 (Fla. Dist. Ct. App. 1992)

. . . directions to issue a declaratory decree that the plaintiff GEICO was entirely justified under Section 627.409 . . . Section 627.409(1), Florida Statutes (1991), provides inter alia that an incorrect statement in an application . . .

INDEPENDENT FIRE INSURANCE COMPANY, v. S. ARVIDSON C., 604 So. 2d 854 (Fla. Dist. Ct. App. 1992)

. . . . § 627.409, Fla.Stat. (1989). . . .

FEDERAL DEPOSIT INSURANCE CORPORATION, a v. VEREX ASSURANCE, INC., 795 F. Supp. 404 (S.D. Fla. 1992)

. . . Section 627.409 is not among those provisions expressly incorporated into Chapter 635. . . . Application of Section 627.409 In this regard, Numérica does not offer much guidance. . . . Specifically, the Eleventh Circuit left open the question of whether section 627.409 ever applied to . . . The Numérica court wrote: First, it is unclear that Section 627.409 ever applied to mortgage guaranty . . . it clear that section 627.409 never applied to mortgage guaranty insurance. . . .

PROGRESSIVE AMERICAN INSURANCE COMPANY, a v. PAPASODERO,, 587 So. 2d 500 (Fla. Dist. Ct. App. 1991)

. . . Section 627.409, Florida Statutes (1987), provides the following regarding misrepresentations and warranties . . .

ALL BANK REPOS, INC. v. UNDERWRITERS OF LLOYDS OF LONDON,, 582 So. 2d 692 (Fla. Dist. Ct. App. 1991)

. . . Pursuant to the parties’ agreement, the court also read aloud to the jury, Section 627.409(1), Florida . . . The purchase of an insurance policy and the statute case at 627.409 and its in part one and two, and . . . LAW All Bank contends that the trial court’s action led the jury to place undue emphasis upon section 627.409 . . . points out that the issues for the jury’s consideration were not limited to the application of section 627.409 . . . in the trial court’s improper submission was compounded by the court’s telling the jury that Section 627.409 . . .

JACKSON NATIONAL LIFE INSURANCE COMPANY, v. PROPER,, 760 F. Supp. 901 (M.D. Fla. 1991)

. . . Proper’s policy should be declared void ab initio under Florida Statute Section 627.409(1) because Mr . . . were material to the issuance of the policy under any of the provisions of Florida Statute Section 627.409 . . . Florida Statute Section 627.409(1) Florida Statute Section 627.409 — Representations in applications; . . . Therefore, only three elements must be proven in order for Section 627.409(1) to operate as a bar to . . . The only element of Section 627.409 that Defendant does contest is Jackson’s claim that these omissions . . .

GONZALEZ v. GREAT OAKS CASUALTY INSURANCE COMPANY,, 574 So. 2d 1182 (Fla. Dist. Ct. App. 1991)

. . . nondisclosure of Acosta as an automobile driver allowed Great Oaks to void the policy under section 627.409 . . .

SOUTHERN FLORIDABANC FEDERAL SAVINGS AND LOAN ASSOCIATION f k a v. FIRST FLORIDA FUNDING CORPORATION, a a, 574 So. 2d 1133 (Fla. Dist. Ct. App. 1991)

. . . This is because mistake, as a ground for avoiding an insurance contract, is embodied within section 627.409 . . . Since section 627.409, Florida Statutes, has not been incorporated into chapter 635, Florida Statutes . . .

WILLIAM PENN LIFE INSURANCE COMPANY OF NEW YORK, v. SANDS,, 912 F.2d 1359 (11th Cir. 1990)

. . . . § 627.409(1) (1985); see Continental Assurance Co. v. Carroll, 485 So.2d 406, 407-08 (Fla.1986). . . . An essential prerequisite to the application of Florida Statutes section 627.409(1) is that the insured . . . The Alabama statute at issue was in all material respects identical to Florida Statutes section 627.409 . . . in its application forms imposed a different requirement of accuracy than that provided in section 627.409 . . . Furthermore, section 627.409(1) is inapplicable to the concealment of information not solicited by the . . .

M. FERNANDEZ, v. BANKERS NATIONAL LIFE INSURANCE COMPANY,, 906 F.2d 559 (11th Cir. 1990)

. . . . § 627.409(1) (1985). . . . In interpreting section 627.409, Florida Statutes, the Florida Supreme Court has reaffirmed its decision . . . The District of Columbia district court, interpreting section 627.409, Florida Statutes, in view of Carroll . . . concluded that Carroll did not alter the holding by a Florida district court that common law, not section 627.409 . . . Stat. § 627.409(1) as broadly as INA urges this court to do would give insurers the power to play ‘Monday . . .

PATTERSON, v. CINCINNATI INSURANCE COMPANY,, 564 So. 2d 1149 (Fla. Dist. Ct. App. 1990)

. . . In so ruling, the trial court relied on the provisions of Section 627.409(1), Florida Statutes (1987) . . .

PETTEGROVE TRUCK SERVICE, INC. v. TRANSPORTATION CASUALTY INSURANCE COMPANY,, 553 So. 2d 234 (Fla. Dist. Ct. App. 1989)

. . . Section 627.409(1), Florida Statutes, defines all statements and descriptions in any application or in . . . It is not sufficient for an insurer to void coverage pursuant to section 627.409 simply by proving a . . . According to appellant, that omission was, at most, a breach of a condition under section 627.409(2) . . . (2), rather than a “misrepresentation” under section 627.409(1), I believe that the application of these . . . facts to a section 627.409(2) analysis will lead to the conclusion that the breach increased the hazard . . .