DOUGLAS v. MUTUAL LIFE INSURANCE CO. OF NEW YORK

No. 6645.

191 So.2d 483 (1966)

Edwin C. DOUGLAS, Appellant, v. The MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, a New York Corporation, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied November 22, 1966.


Attorney(s) appearing for the Case

P.B. Howell, Jr., and Walter Warren, Leesburg, for appellant.

Edward Voegeli, New York City, and Charles Cook Howell of Howell, Dawson, Galant, Maddox & Sulik, Jacksonville, for appellee.


ALLEN, Chief Judge.

Edwin C. Douglas, plaintiff below, appeals from an adverse judgment of the trial court, sitting without a jury, decreeing that insurance policies between Douglas and the insurance company are cancelled and rescinded and that plaintiff cannot recover his claims.

The facts, substantially undisputed, are simple. The appellant applied for hospital and surgical expense insurance to cover his wife. Upon application, appellant was asked:

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