CENTRAL DADE MALPRACTICE TRUST FUND v. SHAPIRO

No. 3D01-2388.

827 So.2d 1032 (2002)

CENTRAL DADE MALPRACTICE TRUST FUND, Appellant, v. Douglas B. SHAPIRO, an individual and Douglas Shapiro, M.D., P.A., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 1, 2002.


Attorney(s) appearing for the Case

Stearns Weaver Miller Weissler Alhadeff & Sitterson and Martin B. Woods (Fort Lauderdale), for appellant.

Seidensticker & San Filippo (Naples); Angelo, Barry & Boldt and Kimberly L. Boldt (Fort Lauderdale), for appellees.

Before SCHWARTZ, C.J., and GERSTEN and SORONDO, JJ.


SCHWARTZ, Chief Judge.

This is an appeal from a judgment entered on a jury verdict for the putative insured physician under a medical malpractice policy. We reverse.

The basis for our ruling is that the record indisputably demonstrates the doctor falsely and materially represented in response to a question on the application that he had had no previous malpractice claims against him, although in fact he had previously received no less than three § 766...

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