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AMERICAN BANKERS LIFE ASSURANCE CO. v. TOTH

No. 63-819.

165 So.2d 804 (1964)

AMERICAN BANKERS LIFE ASSURANCE COMPANY OF FLORIDA, Appellant, v. Eileen TOTH, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied July 21, 1964.

Attorney(s) appearing for the Case

Helliwell, Melrose & DeWolf, and Halleck A. Butts, Miami, for appellant.

Shutts, Bowen, Simmons, Prevatt & Boureau, and Christopher C. Larimore, Miami, for appellee.

Before HORTON, TILLMAN PEARSON and HENDRY, JJ.

TILLMAN PEARSON, Judge.

Alexander Toth was a truck driver for the City of Miami Waste Division. He applied for a policy of insurance with American Bankers Life Assurance Company of Florida. On the following day the company's examiner came to the home of Mr. Toth at approximately 6 P.M. in the evening. The doctor in his own handwriting completed parts 2 and 3 of the application and gave Mr. Toth a physical examination. The doctor was in the home only fifteen to thirty...

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