No. 81-5255.

683 F.2d 358 (1982)

Carlton D. KLEIN, Plaintiff-Appellant, v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, a foreign corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 19, 1982.

Attorney(s) appearing for the Case

Virgin, Whittle & Garbis, Fred M. Kray, Gary E. Garbis, Miami, Fla., for plaintiff-appellant.

Steel Hector & Davis, John M. Barkett, Miami, Fla., for defendant-appellee.

Before MILLER, Judge, TJOFLAT and CLARK, Circuit Judges.

CLARK, Circuit Judge:

This is an appeal by Carlton D. Klein from a summary judgment on behalf of John Hancock Mutual Life Insurance Company (John Hancock) entered by the district court below. We reverse.

Appellant is insured under five life insurance policies issued by John Hancock. Each of these policies contains a provision whereby John Hancock agrees to waive payment of premiums in the event the policyholder establishes that he is totally disabled.


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