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JOE'S CREEK INDUSTRIAL PARK, INC. v. LOYAL AMERICAN LIFE INSURANCE COMPANY

No. 70-627.

251 So.2d 348 (1971)

JOE'S CREEK INDUSTRIAL PARK, INC., a Florida Corporation, Appellant, v. LOYAL AMERICAN LIFE INSURANCE COMPANY, an Insurance Company, and W.S. Auld, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 31, 1971.

Attorney(s) appearing for the Case

Richard J. McCrory and H. Rex Owen, of Bussey, Simmons & Owen, St. Petersburg, for appellant.

Fred W. Pope, Jr., of Trenam, Simmons, Kemker, Scharf & Barkin, Tampa, for appellee, Loyal American Life Ins. Co.

Daniel B. Schuh, of Schuh, Schuh & Woodard, St. Petersburg, for appellee, W.S. Auld.

McNULTY, Judge.

The decedent Bertrand contracted to, and did, procure life insurance for the benefit of, and to secure his lease with, the appellant Industrial Park. The issues in the case are whether he withheld or concealed material information relating to health in his application for insurance with appellee Loyal American, and/or whether Loyal American is chargeable, by waiver or estoppel, with knowledge of such matters. Loyal American denied coverage, Bertrand...

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