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C.M. LIFE INS. CO. v. ORTEGA

Nos. 88-3067, 89-2167.

562 So.2d 702 (1990)

C.M. LIFE INSURANCE COMPANY, Appellant, v. Erika Estela ORTEGA, a Minor, through Her Mother, Estela Ortega, As Guardian of the Minor, and Estela Ortega, Individually, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 13, 1990.

Attorney(s) appearing for the Case

Stinson, Lyons, Gerlin & Bustamante and Mark D. Greenberg and Michael P. Bennett, Miami, for appellant.

Horton, Perse & Ginsberg and Edward Perse, and Carroll & Halberg, Miami, for appellees.

Before BARKDULL, NESBITT and FERGUSON, JJ.

PER CURIAM.

Insured maintained two insurance policies with C.M. Life Insurance Co., one of which was a $100,000 life insurance policy which limited proceeds payable to premiums paid, if the insured died by suicide while sane or insane, within two years of the policy's issue. After the insured's death, his wife and daughter sought full payment of proceeds. C.M. Life claimed the insured had committed suicide within the contestable period. After a non-jury trial, the...

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