CROWN LIFE INS. CO. v. GARCIA

No. 82-346.

424 So.2d 893 (1982)

CROWN LIFE INSURANCE COMPANY, Appellant, v. Faustino GARCIA and Ela Garcia, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 28, 1983.


Attorney(s) appearing for the Case

Lyons & Farrar and Marsha Lyons, Coral Gables, for appellant.

Mark King Leban, Miami, Ivan M. Tobias, Coral Gables, for appellees.

Before SCHWARTZ, DANIEL S. PEARSON and FERGUSON, JJ.


SCHWARTZ, Judge.

This case involves a claim for the cost of the hospitalization of a dependent child under the Major Medical Expense Benefits of a group medical insurance policy issued by Crown Life to the employer of the child's father. Crown denied liability, claiming that because the child was afflicted by Down's syndrome, a congenital condition with devastatingly adverse and permanent mental and physical consequences, he was "disabled" and thus disqualified under...

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