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ALLSTATE INSURANCE COMPANY v. WINNEMORE

No. 25096.

413 F.2d 858 (1969)

ALLSTATE INSURANCE COMPANY, Appellant, v. Albert WINNEMORE, Appellee.

United States Court of Appeals Fifth Circuit.

June 23, 1969.

Attorney(s) appearing for the Case

John W. Thornton, Miami, Fla., for appellant.

Ralph P. Ezzo, Miami, Fla., for appellee.

Before GOLDBERG, GODBOLD and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

Appellant, Allstate Insurance Company, (Allstate), issued a total disability income protection insurance policy to appellee, Winnemore, on August 25, 1961. Winnemore was struck by a golf cart and seriously injured on May 5, 1962. Commencing on June 7, 1962, Allstate paid benefits under the policy through November 15, 1965, at which time it discovered that Winnemore had made what Allstate considered a material misrepresentation

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