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J.C. PENNEY LIFE INS. CO. v. MOSER

No. 85-701.

490 So.2d 1275 (1986)

J.C. PENNEY LIFE INSURANCE COMPANY, Etc., Appellant, v. Linda J. MOSER, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 7, 1986.

Attorney(s) appearing for the Case

Ronald L. Harrop, of Gurney & Handley, P.A., Orlando, for appellant.

Thomas B. DeWolf, of DeWolf, Ward & Morris, P.A., Orlando, for appellee.

ORFINGER, Judge.

J.C. Penney Life Insurance Company (Penney) appeals from a summary final judgment awarding the proceeds of an accidental death policy, plus interest, attorney's fees and costs, to appellee Linda Moser as the beneficiary of the policy. We reverse.

Linda Moser filed a complaint against Penney seeking recovery under an accident policy insuring her late husband Philip Moser. Penney answered and alleged that Philip Moser's death, which occurred...

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