COMPREHENSIVE BENEFIT ADMINISTRATORS, INC. v. NU-CAPE CONSTRUCTION, INC.

No. 89-01049.

549 So.2d 700 (1989)

COMPREHENSIVE BENEFIT ADMINISTRATORS, INC., Appellant, v. NU-CAPE CONSTRUCTION, INC., Lawrence Kirby and Joan Kirby, Appellees.

District Court of Appeal of Florida, Second District.

August 30, 1989.


Attorney(s) appearing for the Case

Mark B. Yeslow of Jeffrey D. Troy, P.A., Fort Myers, for appellant.

Steven Carta of Simpson, Henderson, Savage & Carta, Fort Myers, for appellees.


LEHAN, Judge.

We affirm the summary judgment entered against defendant insurer. The summary judgment determined coverage existed under a group health insurance policy issued to appellee company for medical expenses incident to cancer suffered by the wife of a company employee.

We agree with the trial court's determination that coverage was not precluded due to a misrepresentation through a negative answer to a question in the policy application about knowledge...

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