WENDEL v. STATE FARM FIRE & CAS. CO.

No. 82-1194.

435 So.2d 284 (1983)

Robert V. WENDEL, Appellant, v. STATE FARM FIRE & CASUALTY CO., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 3, 1983.


Attorney(s) appearing for the Case

Bill McCabe of Shepherd, McCabe, & Cooley, Orlando, for appellant.

Margaret E. Sojourner of Hass, Boehm, Brown, Rigdon & Seacrest, P.A., Orlando, for appellee.


COBB, Judge.

This is an appeal from a final judgment voiding an insurance policy with theft coverage on the basis of a misrepresentation made to the carrier, State Farm, by the insured, Robert Wendel. The issues on appeal are two-fold: the first is the applicability of a "fraud" clause in the policy to a post-application setting; the second is whether or not the misrepresentation was material.

In regard to the first issue, the trial court found that the "concealment...

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