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BENEBY v. MIDLAND NAT. LIFE INS. CO.

No. 80-1122.

402 So.2d 1193 (1981)

Wellington E. BENEBY, Appellant, v. MIDLAND NATIONAL LIFE INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 22, 1981.

Attorney(s) appearing for the Case

Horton, Perse & Ginsberg and Arnold R. Ginsberg, George P. Telepas, Gilmour, Morgan & Rosenblatt, Miami, for appellant.

Dixon, Dixon, Hurst, Nicklaus & Webb and H. Clay Roberts, Miami, for appellee.

Before SCHWARTZ and NESBITT, JJ., and VANN, HAROLD R. (Ret.), Associate Judge.

NESBITT, Judge.

Appellant who was beneficiary of his wife's life insurance policy, seeks reversal of a summary final judgment entered in favor of the insurer on its affirmative defense that the misrepresentations of fact, which were material to the acceptance of the risk, vitiated the policy.1 We reverse.

The insured personally signed the application on May 3, 1976. Hospital and medical records presented in the insurer's motion...

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