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COSTA v. KENT INS. CO.

No. 83-1169.

452 So.2d 619 (1984)

Peter COSTA and Clara Costa, Appellants, v. KENT INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 16, 1984.

Attorney(s) appearing for the Case

Horton, Perse & Ginsberg and Arnold Ginsberg; Gilmour, Morgan & Rosenblatt, Miami, for appellants.

English, McCaughan & O'Bryan and Robert J. Schaffer, Coral Gables, for appellee.

Before HUBBART and JORGENSON, JJ., and J. TILLMAN PEARSON (Ret.), Associate Judge.

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...

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