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INSURANCE CO. OF THE SOUTH v. KENNEDY & ELY INS., INC.

No. 61-373.

143 So.2d 199 (1962)

INSURANCE COMPANY OF THE SOUTH, a Florida Corporation, Appellant, v. KENNEDY & ELY INSURANCE, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied August 10, 1962.

Attorney(s) appearing for the Case

Lloyd Smith, Jacksonville, Broad & Cassel, Lewis Horwitz, Miami Beach, and L.J. Cushman, Miami, for appellant.

Carr & Warren, Miami, for appellee.

Before HORTON and CARROLL, JJ., and SCHULZ, GEORGE E., Associate Judge.

SCHULZ, GEORGE E., Associate Judge.

The defendant-insurer (appellant herein) appeals a final judgment based on a jury verdict in an action by the plaintiff-agent (appellee herein) to recover monies paid by the appellee to policyholders subsequent to their policies being cancelled by the appellant (insurer); said sums representing unearned premiums. The following points presented on appeal urged the insufficiency of the evidence...

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