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HYMAN v. LIFE INSURANCE COMPANY OF NORTH AMERICA

No. 72-3576 Summary Calendar.

481 F.2d 441 (1973)

Harriet HYMAN, Plaintiff-Appellee, v. LIFE INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 23, 1973.

Attorney(s) appearing for the Case

Adolfo Del Castillo, Coral Gables, Fla., for defendant-appellant.

Philip Freidin, Arthur W. Tifford, Ronald B. Gilbert, Strauss & McCormick, P. A., Miami, Fla., for plaintiff-appellee.

Before THORNBERRY, GOLDBERG and RONEY, Circuit Judges.

THORNBERRY, Circuit Judge:

Mrs. Hyman sued appellant in the court below on a life insurance policy covering the life of her deceased husband. Over appellant's contention that Mr. Hyman had made material misrepresentations and omissions in the mailorder application for the policy, the jury awarded recovery to Mrs. Hyman, and this appeal followed.

The allegation of material misrepresentations and omissions was based on Mr. Hyman's answers to questions three...

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