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ZIPPERER v. PENINSULAR LIFE INSURANCE COMPANY

No. 39079.

235 So.2d 473 (1970)

Mrs. Marjorie L. ZIPPERER, Widow, James Forrester Zipperer, III, Stephanie Ann Zipperer, and Marjorie Denise Zipperer, Minor Dependents, and Mrs. Gloria Bennett Brandetsas, Widow, Pamela Bennett, Henry Luther Bennett, III, Brett Bennett, Judith Bennett, and Christopher Bennett, Minor Dependents, Petitioners, v. PENINSULAR LIFE INSURANCE COMPANY and Florida Department of Commerce, Respondents.

Supreme Court of Florida.

Rehearing Denied June 10, 1970.

Attorney(s) appearing for the Case

B.T. Miller, Rogers, Towers, Bailey, Jones & Gay, Jacksonville, for petitioners.

Gary L. Stump, Whittaker, Pyle & Wood, Orlando, Patrick H. Mears, and J. Franklin Garner, Tallahassee, for respondents.

DREW, Justice.

James Zipperer and Henry Bennett were insurance agents employed by Peninsular Life Insurance Company. They customarily worked as a team. One witness testified that the most common practice of such salesmen in that area was working in the evenings after the dinner hour.

On September 30, 1965, Zipperer visited a customer at the Porthole, a bar and grill located in Ormond Beach west of the truck route bypassing Ormond Beach, Holly Hill and Daytona...

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