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OLD SOUTHERN LIFE INS. CO. v. KIRBY

No. 87-1252.

522 So.2d 424 (1988)

OLD SOUTHERN LIFE INSURANCE COMPANY, Appellant, v. William R. KIRBY, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 25, 1988.

Attorney(s) appearing for the Case

Terrence E. Kehoe and Richard W. Prospect, of Haas, Boehm, Brown, Rigdon, Seacrest & Fischer, P.A., Orlando and Daytona Beach, for appellant.

Robert J. Telfer, Jr., of Cianfrogna, Telfer & Reda, P.A., Titusville, for appellee.

SHARP, Chief Judge.

Old Southern Life Insurance Company appeals from a judgment awarding $1,450.00 to appellee Kirby for Old Southern's failure to pay sums due under its medical expenses/hospitalization indemnity policy. Kirby was also awarded $18,750.00 for attorney's fees and $355.20 in costs. We agree with Old Southern that the jury instruction regarding its defense that Kirby made a material omission on his insurance...

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