NEW YORK LIFE INS. CO. v. NESPEREIRA

No. 77-1896.

366 So.2d 859 (1979)

NEW YORK LIFE INSURANCE COMPANY, Appellant, v. Roberto NESPEREIRA, Appellee.

District Court of Appeal of Florida, Third District.

January 30, 1979.


Attorney(s) appearing for the Case

Shutts & Bowen and William J. Gallwey, III, Miami, for appellant.

Samuel J. Hannon and Howard Mark Furmon, Miami, for appellee.

Before HENDRY, J., and CHARLES CARROLL (Ret.), and TYSON, Jr., ROBERT W., Associate Judges.


PER CURIAM.

This appeal concerns the correctness of a final judgment entered in favor of appellee/plaintiff on a counterclaim filed by appellant/defendant for the cancellation and rescission of an insurance policy issued to appellee by appellant.1

Stated very briefly, appellant sought to rescind a disability income policy of insurance it had issued to appellee because of "material misrepresentations made by plaintiff which were...

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