NATIONAL LIFE INSURANCE COMPANY v. HARRIOTT

No. 70-602.

268 So.2d 397 (1972)

The NATIONAL LIFE INSURANCE COMPANY of Florida and Central Plaza Bank and Trust Company, Appellants, v. Robert J. HARRIOTT, Appellee.

District Court of Appeal of Florida, Second District.

November 8, 1972.


Attorney(s) appearing for the Case

John T. Allen, Jr., and Harrison, Greene, Mann, Davenport, Rowe & Stanton, St. Petersburg, for appellants.

Gerald R. Colen, St. Petersburg, for appellee.


MANN, Judge.

We must determine whether fraudulent concealment of a factor material to the risk is a defense to an action on a credit life insurance policy under any circumstances, and, if so, under what circumstances. The cases are legion holding that the carrier may plead in defense or mitigation the insured's fraudulent concealment of factors affecting the risk as to most forms of insurance coverage.1 But credit life is no ordinary form...

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