"Misrepresentation" claims against Insurance Companies, as against any other Defendant in a Federal Case, run afoul of Federal Rule of Civil Procedure 9(b). That Rule requires that Fraud be pled "with specificity." Merely alleging "misrepresentation," like yelling, "Fraud," is not enough in a Federal Court action. "There is no specificity as to when and where the statements were made, which individuals received them, and which person or persons relied on them in deciding to purchase a policy from [the Defendant Insurance Company]." Destiny Springs Condominium Ass'n v. Praetorian Specialty Insurance Co., Download Destiny Springs Condominium Ass'n v. Praetorian Specalty Insurance Co. (M.D. Fla. Case No. 6.10cv352, Opinion Filed March 29, 2010) also published as 2010 WL 1257657 *1 (M.D. Fla. March 29, 2010)(Presnell, J.), dismissing Misrepresentation Claim against Insurance Company accordingly.
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