NAT. BEN FRANKLIN LIFE INS. C. v. COHEN

Nos. 83-1136, 83-1589.

464 So.2d 1256 (1985)

NATIONAL BEN FRANKLIN LIFE INSURANCE CORPORATION, Appellant, v. Gail COHEN, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 3, 1985.


Attorney(s) appearing for the Case

D. Culver Smith, III, Steel, Hector, Davis, Burns & Middleton, Palm Beach, and R. Fred Lewis of Magill, Reid & Lewis, P.A., Miami, for appellant.

Edna L. Caruso of Edna L. Caruso, P.A., and Montgomery, Lytal, Reiter, Denney & Searcy, P.A., West Palm Beach, for appellee.


LETTS, Judge.

The main issue which we address is whether a life insurance policy remains in full force and effect even though the agent, rather than the insured, pays the first year's premium in cash. We conclude the policy is enforceable and, therefore, the beneficiary is entitled to the proceeds.

The insurance company asserts that Section 627.4035, Florida Statutes (1981), requires that the payment be made by someone other than the agent, but we find no...

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