How Our Florida Law Firm Wins Misrepresentation Trials Statewide

November 14, 2025 – 

Charles Wade

Summary

Insurance companies frequently use a “misrepresentation defense,” claiming that an individual falsified their prior medical history in statements or to physicians to deny medical or indemnity benefits. This tactic is often intended to intimidate claimants into settling cases for less than their true value. Lyle B. Masnikoff & Associates investigates these claims to determine if they are warranted and fights unwarranted defenses in court, having successfully won trials in jurisdictions such as West Palm Beach, Fort Myers, and Tampa.

FAQs

Q: What defense do insurance companies often use to deny benefits?

A: Insurance companies often use a “misrepresentation defense” to deny entitlement to medical benefits, indemnity benefits, or both.

Q: What do insurance companies claim the claimant has done when using this defense?

A: They state that a claimant misrepresented their prior medical history, specifically in a reported statement, a deposition, or to authorised treating physicians.

Q: Why do insurance companies use the misrepresentation defense?

A: This defense is most often used to try to intimidate a claimant into closing or settling their case at far less than what the value truly is.

Q: How does Lyle B. Masnikoff & Associates respond to these defenses?

A: The firm takes the time to look into the facts to see if the defense is warranted; if it is not, they will fight the insurance company all the way to trial.

Q: Where has the firm recently won trials regarding wrongful misrepresentation claims?

A: They have won multiple trials throughout multiple jurisdictions, most recently in West Palm Beach, Fort Myers, and Tampa.

Q: What should someone do if their case or a loved one’s case has been denied?

A: The firm advises clients not to hesitate to call if their case or a loved one’s case has been denied for any reason.

Q: Does the firm only handle misrepresentation defenses in certain parts of Florida?

A: No. The firm handles misrepresentation defense cases throughout the entire state of Florida.

Q: What specific benefits can be denied through a misrepresentation defense?

A: A misrepresentation defense can be used to deny medical benefits, indemnity benefits, or both.

Q: What is the firm’s first step when it encounters a misrepresentation defense?

A: The firm takes the time to investigate the facts and determine whether the misrepresentation defense is warranted before deciding how to respond.

Q: What outcome does the insurance company often hope for when raising a misrepresentation defense?

A: The insurance company may hope to intimidate the claimant into closing or settling the case for far less than its true value.

Transcription of the Video

“A lot of times insurance companies will use what’s called a misrepresentation defense to deny claimants entitlement to benefits whether that’s medical benefits indemnity benefits or both a lot of times what the insurance company will state is that a claimant misrepresent their prior medical history specifically either in a reported statement a deposition or to authorize treat physicians this defense is most often used to try to intimidate a claimant into really closing their case settling their case at far less than what the value truly is here at Lyle Masnikoff and Associates we see these claims we see misrepresentation defenses and we take the time to really look into the facts see if this is warranted and if not we’ll fight the insurance company on this misrepresentation we’ll fight them all the way to trial and we have won multiple trials throughout multiple jurisdictions where the insurance company has wrongfully claimed that our client has misrepresented themselves most recently we have won these trials in West Palm Beach Fort Myers and Tampa here at Lyle Masnikoff we take cases throughout the state of Florida if your case has been denied or a loved one’s case has been denied due to any reason do not hesitate to call”.

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