BROWN v. LIFE INS. CO. OF VIRGINIA

No. O-313.

249 So.2d 79 (1971)

John P. BROWN and Cheryl Lee Brown, Surviving Minor Children of John E. Brown, Deceased, by and through Their Next Friend and Guardian, Vera B. Johnson, and Vera B. Johnson, Individually, and As Administratrix of the Estate of John E. Brown, Appellants, v. The LIFE INSURANCE COMPANY OF VIRGINIA, a Corporation, Appellee.

District Court of Appeal of Florida, First District.

June 8, 1971.


Attorney(s) appearing for the Case

Olliff, Horner & Meers, for appellants.

Carl M. Stewart, of Rogers, Towers, Bailey, Jones & Gay, Jacksonville, for appellee.


RAWLS, Judge.

Appellants, who are contingent beneficiaries of accidental death insurance policies, appeal a judgment of dismissal with prejudice of their third amended complaint.

The sole point on appeal as restated by appellee is: Whether appellants, as contingent beneficiaries, are the real parties in interest and whether they have status to bring suit for recovery of the proceeds under the insurance policies where the primary beneficiary survives the insured...

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