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PRUDENTIAL INSURANCE CO. OF AMERICA v. LATHAM

No. 67-484.

207 So.2d 733 (1968)

The PRUDENTIAL INSURANCE COMPANY OF AMERICA, a Corporation Authorized to Do Business in the State of Florida, Appellant, v. Fred D. LATHAM and Edna D. Latham, His Wife, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied March 26, 1968.

Attorney(s) appearing for the Case

Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell and Joseph F. Jennings, Miami, for appellant.

Frank F. Cosgrove, Bernarr C. Cowan and Franklyn Levenson, Miami, for appellees.

Before CHARLES CARROLL, C.J., and HENDRY and SWANN, JJ.

HENDRY, Judge.

This is an appeal by the defendant below, Prudential Life Insurance Company of America, from an adverse final decree in an action for declaratory judgment.

On April 11, 1966, Fred D. Latham entered an application with the defendant company for a policy of life insurance, naming his wife, Edna D. Latham, as beneficiary. At the same time, Latham gave the agent, Douglas A. Chilton, a check in the amount of $21.40 which corresponded to the premium...

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