PRUDENTIAL INSURANCE CO. OF AMERICA v. RHODRIQUEZ

No. 73-241.

285 So.2d 689 (1973)

PRUDENTIAL INSURANCE COMPANY OF AMERICA, a Corporation, Appellant, v. Reginald RHODRIQUEZ, Appellee.

District Court of Appeal of Florida, Third District.

November 27, 1973.


Attorney(s) appearing for the Case

Bradford, Williams, McKay, Kimbrell, Hamann & Jennings, and Clifford B. Wentworth, Miami, for appellant.

Gus Efthimiou, Jr., Miami, for appellee.

Before BARKDULL, C.J., and HENDRY and HAVERFIELD, JJ.


HAVERFIELD, Judge.

Plaintiff-appellant seeks review of an adverse final summary judgment entered in favor of defendant-appellee in an action to cancel and rescind certain insurance policies.

On June 11, 1969, plaintiff-appellant, Prudential Insurance Company of America, issued an Income Protection Policy and a Life Insurance Policy, effective as of that date. Both policies contained the following two (2) year contestability clauses:

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