SMART v. TIME INSURANCE COMPANY

No. AI-395.

419 So.2d 686 (1982)

Robert Lee SMART, Appellant, v. TIME INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 4, 1982.


Attorney(s) appearing for the Case

George G. Phillips, Pensacola, for appellant.

David T. Johnson, Jr., of Clark, Partington, Hart, Hart & Johnson, Pensacola, for appellee.


PER CURIAM.

The appellant, Robert Lee Smart, sued the appellee, Time Insurance Company, for its failure to honor his claim for benefits as beneficiary of a $50,000 life insurance policy issued to his daughter less than four months prior to her death from leukemia. Appellee defended on the ground that insured made material misrepresentations of fact on the application for insurance and that the policy would not have been issued at that time or, if issued, would have...

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