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WILMINGTON TRUST CO. v. MANUFACTURERS LIFE INS.

Nos. 82-6080, 83-5519.

749 F.2d 694 (1985)

WILMINGTON TRUST COMPANY, individually and Curtin Winsor, Jr., as Co-Trustee under Trust Agreement Elizabeth D. Norment, Plaintiffs-Appellees, Cross-Appellants. v. The MANUFACTURERS LIFE INSURANCE COMPANY, a foreign corporation, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 3, 1985.

Attorney(s) appearing for the Case

Shutts & Bowen, Phillip G. Newcomm, Sally M. Richardson, Miami, Fla., for defendant-appellant, cross-appellee.

Edna L. Caruso, Montgomery, Lytal, Reiter, Denney & Searcy, West Palm Beach, Fla., for plaintiffs-appellees, cross-appellants.

Before TJOFLAT and VANCE, Circuit Judges, and ATKINS, District Judge.

ATKINS, District Judge:

Wilmington and another, (hereinafter Wilmington), as co-trustees, brought this action against Manufacturers to recover as beneficiaries the proceeds of a policy insuring the life of Joseph D. Winsor and attorneys' fees under Fla.Stat. § 627.428. Manufacturers denied liability (except for premiums paid) because of (a) suicide by the insured within one year of the issuance of the policy and (b) a false answer by the insured as to his prior...

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