Costa v. Kent Insurance Co. (452 So. 2d 619, 1984)

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 for a new trial.