INDEPENDENT FIRE INS. CO. v. HORN

No. AA-137.

343 So.2d 862 (1976)

INDEPENDENT FIRE INSURANCE COMPANY, Appellant, v. Norman Lee HORN and Ceola Horn, His Wife, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied March 24, 1977.


Attorney(s) appearing for the Case

Andrew G. Pattillo, Jr., of Pattillo, MacKay & McKeever, P.A., Ocala, for appellant.

Gregory E. Tucci, of Blowers, Walkup, Berk & Tucci, Ocala, for appellees.


SMITH, Judge.

Independent appeals from a circuit court judgment awarding fire insurance benefits of $2,000 and attorney's fees to appellees Horn, whose five-room frame dwelling was destroyed by fire. Independent paid the Horns $1,000 for loss of insured contents but resisted paying benefits for the dwelling itself because of asserted misrepresentations in the printed application completed by an insurance agent and signed by Ms. Horn. Independent tendered repayment...

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