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BANK OF PALM BEACH & T. CO. v. NORTH AMER. CO. FOR L., A. & H. I.

No. 28226.

427 F.2d 28 (1970)

BANK OF PALM BEACH AND TRUST COMPANY, Plaintiff-Appellee, v. The NORTH AMERICAN COMPANY FOR LIFE, ACCIDENT AND HEALTH INSURANCE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 4, 1970.

Attorney(s) appearing for the Case

James E. Tribble, R. Layton Mank, Miami, Fla., for defendant-appellant.

Kirk Sullivan, West Palm Beach, Fla., for plaintiff-appellee.

Before TUTTLE, WISDOM, and GOLDBERG, Circuit Judges.

WISDOM, Circuit Judge:

This diversity case involves the interpretation of a group life insurance policy. On the basis of the stipulated facts and a joint motion for summary judgment, the district court awarded summary judgment in favor of the Bank of Palm Beach and Trust Company, beneficiary of Oscar Amison. We reverse, holding that Florida law allows a change in the conditions of eligibility without the consent of the individual...

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