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BANKERS SEC. LIFE INS. SOC. v. KANE

Nos. 88-5693, 88-5851 and 88-6008.

885 F.2d 820 (1989)

BANKERS SECURITY LIFE INSURANCE SOCIETY, Plaintiff-Appellant, v. Judith S. KANE, f/k/a Judith S. Katz, as owner and beneficiary of the life insurance policy of Arthur H. Kane, etc., Defendant-Appellee. (Two Cases) PRUDENTIAL INSURANCE COMPANY OF AMERICA, Plaintiff-Appellant, v. Judith S. KANE/KATZ, as owner and beneficiary of life insurance policy of Arthur H. Kane, etc., Defendant-Appellee. PRUDENTIAL INSURANCE COMPANY OF AMERICA, Plaintiff-Appellant, v. Judith S. KANE f/k/a Judith S. Katz, as owner and beneficiary of the life insurance policy of Arthur H. Kane, etc., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 10, 1989.

Attorney(s) appearing for the Case

Shelley H. Leinicke, Wicker, Smith, Blomovist, Tutan, O'Hara, McCoy, Graham & Lane, Ft. Lauderdale, Fla., for Prudential.

Alan H. Fein, Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, Miami, Fla., for Bankers.

David C. Pollack, Stroock, Stroock & Lavan, Miami, Fla., for defendant-appellee.

Before ANDERSON and COX, Circuit Judges, and SHOOB, District Judge.

SHOOB, District Judge:

Arthur Katz ("Katz") obtained life insurance policies from appellants Bankers Security Life Insurance Society ("Bankers") and Prudential Insurance Company of America ("Prudential"), naming his wife, Judith Katz ("Mrs. Katz"), as beneficiary. Appellants brought declaratory judgment actions seeking to void the policies after Katz's death. Each complaint also included a count for fraudulent misrepresentation...

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