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WISCONSIN NATL. LIFE INS v. LEICHTER

No. 83-791.

452 So.2d 1052 (1984)

WISCONSIN NATIONAL LIFE INSURANCE COMPANY, Appellant, v. Gus LEICHTER and Florence Leichter, Appellee.

District Court of Appeal of Florida, Third District.

July 10, 1984.

Attorney(s) appearing for the Case

Kroll, Pomerantz & Cameron and Robert A. Freyer and Pamela J. Reynolds, Miami, for appellant.

Kramer & Golden and Richard Golden, North Miami, for appellees.

Before NESBITT, DANIEL S. PEARSON and JORGENSON, JJ.

PER CURIAM.

Because the unrebutted evidence is that Mrs. Leichter misrepresented her prior medical history when applying for insurance coverage from Wisconsin National and such misrepresentation was material to the acceptance of the risk, see § 627.409, Fla. Stat. (1981), we reverse the judgment under review and direct the trial court to enter a directed verdict for the appellant. See Life Insurance Co. of Virginia v. Shifflet,

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