YORK v. TRANSAMERICA LIFE INS. AND ANNUITY CO.

No. 83-20.

443 So.2d 126 (1983)

Geraldine YORK, Individually and As Personal Representative of the Estate of Richard L. York, Deceased, Appellant, v. TRANSAMERICA LIFE INSURANCE AND ANNUITY COMPANY, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 9, 1984.


Attorney(s) appearing for the Case

Joseph S. Rodriguez, St. Petersburg, for appellant.

Joseph W. Clark and Raymond T. Elligett, Jr. of Shackleford, Farrior, Stallings & Evans, Tampa, for appellee.


PER CURIAM.

Appellant Geraldine York appeals the order of the trial court granting a final summary judgment in favor of appellee Transamerica Life Insurance and Annuity Company. We reverse.

Appellee filed an action in the trial court to rescind and cancel a life insurance policy in the amount of $100,000 on appellant's deceased husband, Richard York. Appellant filed an answer and counterclaim seeking the proceeds of the insurance policy.

Upon review...

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