NEW YORK LIFE INSURANCE COMPANY v. KAY

No. 70-874.

251 So.2d 544 (1971)

NEW YORK LIFE INSURANCE COMPANY, a Foreign Corporation, Appellant, v. Lena Kay, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 9, 1971.


Attorney(s) appearing for the Case

Shutts & Bowen, and William J. Kendrick, Miami, for appellant.

Fuller, Brumer, Moss & Cohen, Bolles, Goodwin, Ryskamp & Ware, and Robert C. Lane, Jr., Miami, for appellee.

Before PEARSON and CHARLES CARROLL, JJ., and ADAMS, ALTO, Associate Judge.


PEARSON, Judge.

The defendant, New York Life Insurance Company, appeals a final judgment entered at the conclusion of a non-jury trial. The judgment held that the plaintiff, Lena Kay, was entitled to recover the sum of $4,784.00 under a $15,000.00 insurance policy on her husband's life. The appellee, Lena Kay, has cross assigned error upon the same judgment urging that the court committed error in reducing the amount of the recovery from some $9,000.00 to the amount...

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