MUTUAL BENEFIT LIFE INSURANCE COMPANY v. DIETERLE

No. 69-25.

232 So.2d 405 (1970)

The MUTUAL BENEFIT LIFE INSURANCE COMPANY, Appellant, v. Joan M. DIETERLE, As Administratrix of the Estate of Thomas M. Dieterle, Deceased, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 31, 1970.


Attorney(s) appearing for the Case

Phillip G. Newcomm and Cotton Howell of Shutts & Bowen, Miami, for appellant.

John L. Britton of Feibelman, Friedman, Hyman & Britton, Miami, for appellee.


McCAIN, Judge.

Appellant-defendant appeals an adverse declaratory judgment determining the deceased, Thomas M. Dieterle had timely applied for conversion of a group insurance policy to individual life. We reverse.

Prior to death the deceased was an active full-time officer and employee of First Research Corporation and was insured under a group policy issued by appellant. There is no dispute as to deceased's discharge or subsequent demise. The only factual...

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