Appeals Court Rules Insurer Can't Sue for Unjust Enrichment by Deceptive Insured.

The article discusses a recent ruling by the U.S. 11th Circuit Court of Appeals regarding the limitations faced by insurance carriers when addressing misrepresentation by insured individuals. The court found that Mutual of New York (MONY) could not pursue a claim for unjust enrichment against ophthalmologist Bernard Perez, who had misrepresented his disability status, because Florida law prohibits such claims when a contract exists. The court overturned a previous jury verdict that awarded MONY over $388,000, stating that the insurance policy lacked a clawback provision and that the unjust enrichment claim was not valid under Florida law. The case highlights the challenges of fraud detection in disability insurance and the legal complexities surrounding insurance contracts. [Extracted from the article]