POWELL v. SOUTHERN LIFE & HEALTH INSURANCE CO.

No. 4870.

173 So.2d 721 (1965)

Lou V. POWELL, Appellant, v. The SOUTHERN LIFE & HEALTH INSURANCE COMPANY OF BIRMINGHAM, ALABAMA, Appellee.

District Court of Appeal of Florida. Second District.

April 7, 1965.


Attorney(s) appearing for the Case

Will A. Nason of Nason & Gildan, West Palm Beach, for appellant.

B.F. Paty, Jr., and Joel T. Daves of Paty, Downey & Lewis, West Palm Beach, for appellee.


SHANNON, Acting Chief Judge.

The appellant-plaintiff's husband died in July, 1961, and the appellant filed suit against the defendant, which had issued an insurance policy on her husband's life. The lower court, sitting without a jury in this action at law, found that there had been a wilful omission of a fact by the insured in his application, and had the insurer known of this fact it would not have issued the policy.<...

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