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UNITED GENERAL LIFE INS. CO. v. KOSKE

No. 87-848.

519 So.2d 71 (1988)

UNITED GENERAL LIFE INSURANCE COMPANY, etc. Appellant, v. Benjamin E. KOSKE, et ux., Appellees.

District Court of Appeal of Florida, Fifth District.

January 28, 1988.

Attorney(s) appearing for the Case

Terrence E. Kehoe of Haas, Boehm, Brown, Rigdon, Seacrest & Fischer, P.A., Orlando, and John L. Maloney, St. Petersburg, for appellant.

T.M. Barlow of Gleason, Barlow & Dyer, P.A., Indialantic, for appellee Benjamin Koske.

David E. Silverman of Storms, Krasny, Normile & Dettmer, P.A., Melbourne, for appellee Yvonne Koske.

ORFINGER, Judge.

We reverse the order awarding attorney's fees to appellees because there is no statutory or contractual basis which supports the award.

Mrs. Koske applied for a health insurance policy for herself and Mr. Koske and included a premium check with the application. United General accepted Mrs. Koske as an insured but rejected Mr. Koske on the basis of his hazardous occupation. The Koskes allegedly did not learn of the rejection until they sought...

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