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CONTINENTAL ASSUR. CO. v. CARROLL

No. 83-2802.

459 So.2d 443 (1984)

CONTINENTAL Assurance Company, a Foreign Corporation Authorized to Do Business in the State of Florida, Appellant, v. Roger A. Carroll, Appellee.

District Court of Appeal of Florida, Fourth District.

November 21, 1984.

Attorney(s) appearing for the Case

Nancy Little Hoffmann of Hoffmann & Burris, P.A., and Clifford B. Selwood of Clifford B. Selwood, P.A., Fort Lauderdale, for appellant.

James W. Dawson and Marcia E. Levine of Fazio, Dawson & DiSalvo, Fort Lauderdale, for appellee.

BARKETT, Judge.

The appellant, Continental Assurance Company, defendant below, appeals the final judgment entered in favor of appellee, Roger A. Carroll, who was the plaintiff below. We affirm.

Carroll sued to recover the proceeds of a life insurance policy issued by appellant upon the life of appellee's infant son.

Continental raised the affirmative defense that Carroll had misrepresented the state of the infant's health when applying for the insurance...

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