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ITT LIFE INS. CORP. v. HERNANDEZ

No. 86-0169 Civ.

651 F.Supp. 1408 (1987)

ITT LIFE INSURANCE CORPORATION, Plaintiff, v. Santa C. HERNANDEZ, et al., Defendants. Santa C. HERNANDEZ, et al., Third Party Plaintiffs, v. DIVERSIFIED CAPITAL CORPORATION, et al., Third Party Defendants.

United States District Court, S.D. Florida, Miami Division.

January 30, 1987.

Attorney(s) appearing for the Case

Glen Harris, James McNally, Miami, Fla., Neil Carver, Coral Gables, Fla., for plaintiff.

Burton Greenfield, Sharon Wolfe, Miami, Fla., for defendants.

MEMORANDUM ORDER

SCOTT, District Judge.

I.

Plaintiff ITT LIFE INSURANCE CORPORATION moves for summary judgment on its claim for rescission of the life insurance policy which it issued to ARIEL HERNANDEZ, deceased, of which SANTA and MABELLE HERNANDEZ are the beneficiaries. ITT argues that it is entitled to a summary judgment because ARIEL HERNANDEZ is responsible for material misrepresentations in the application which void the policy. SANTA and...

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