NEWKIRK v. S. LIFE & HEALTH INS. CO.

No. 81-1592.

420 So.2d 390 (1982)

Rosa NEWKIRK, As Personal Representative of the Estate of Harold Eugene McKay, Sr., and Rosa Newkirk, As Personal Representative of the Estate of Alma Jean Newkirk, Appellant, v. SOUTHERN LIFE AND HEALTH INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Fifth District.

October 13, 1982.


Attorney(s) appearing for the Case

David M. Hammond of Meyers, Mooney, Adler & Hammond, P.A., Orlando, for appellant.

John Dem. Haines of Winderweedle, Haines, Ward & Woodman, P.A., Winter Park, for appellee.


FRANK D. UPCHURCH, Jr., Judge.

Appellant Rosa Newkirk, as the personal representative of the estates of Harold McKay, Sr. and Alma Newkirk, has appealed from a final summary judgment denying recovery on a joint life insurance policy applied for by McKay and Newkirk just prior to their deaths. Appellant contends that the decedents had made a payment on the policy and hence the policy went into effect on the date of application. We agree with appellant's contention...

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