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McDONELL v. NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY

No. 23993.

380 F.2d 983 (1967)

Carolyn R. McDONELL, Administratrix C.T.A. of the Estate of Edward A. McDonell, Deceased, Appellant, v. NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 4, 1967.

Attorney(s) appearing for the Case

Milton E. Grusmark, Miami Beach, Fla., Sidney Poller, Boca Raton, Fla., for appellant.

Karl Vance Hart, Shutts & Bowen, Miami, Fla., for appellees.

Before BROWN, Chief Judge, SIMPSON, Circuit Judge, and SUTTLE, District Judge.

SIMPSON, Circuit Judge.

Florida Statute 627.01081, F.S.A. provides:

"Representations in applications — All statements and descriptions in any application for an insurance policy or annuity contract, or in negotiations therefor, by or in behalf of the insured or annuitant, shall be deemed to be representations and not warranties. Misrepresentations, omissions, concealment of facts, and incorrect statements shall not prevent a recovery under the policy...

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