PIKE v. NATIONAL FIDELITY LIFE INS. CO.

No. 78-2157.

377 So.2d 973 (1979)

Diane PIKE, Cynthia Pike, Robert Pike, Jr., and Jonathan Pike, Appellants, v. NATIONAL FIDELITY LIFE INSURANCE COMPANY, Etc., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 28, 1979.


Attorney(s) appearing for the Case

Frates, Floyd, Pearson, Stewart, Richman & Greer and Bertha Claire Lee and S. Daniel Ponce, Miami, for appellants.

Fowler, White, Burnett, Hurley, Banick & Knight and Michael J. Murphy, Miami, for appellee.

Before HAVERFIELD, C.J., SCHWARTZ, J., and MELVIN, WOODROW M. (Ret.), Associate Judge.


SCHWARTZ, Judge.

The beneficiaries of a $50,000 insurance policy issued by the appellee on the life of Dr. Robert Pike, Sr., appeal from a judgment entered against them after the trial court directed a verdict in favor of the carrier at the conclusion of the plaintiffs' case. The basis of the directed verdict was the determination that at the time of Dr. Pike's death, the policy had lapsed because premium payments had not been timely made. We reverse for a new trial...

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