CALLAWAY v. S. LIFE & HEALTH INS. CO.

No. 88-0766.

541 So.2d 786 (1989)

Beverly CALLAWAY, Appellant, v. SOUTHERN LIFE AND HEALTH INSURANCE COMPANY, a Delaware Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

April 19, 1989.


Attorney(s) appearing for the Case

Brian L. Kimber and Arthur N. Razor, Fort Lauderdale, for appellant.

Samuel Tyler Hill, of Hill, Neale and Riley, Fort Lauderdale, for appellee.


GARRETT, Judge.

On March 1, 1984, appellee issued a joint whole life policy to appellant and her husband. She was twenty-five, he was thirty.

For the first two years, the appellee automatically deducted premiums from the insureds' joint checking account without incident. In May of 1986, a payment was returned for insufficient funds. On June 5, 1986, five days after expiration of the policy's thirty-one day grace period, the appellee wrote the husband informing...

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