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FERNANDEZ v. BANKERS NAT. LIFE INS. CO.

No. 89-5485.

906 F.2d 559 (1990)

Luisa M. FERNANDEZ, Plaintiff-Appellant, v. BANKERS NATIONAL LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

As Corrected September 25, 1990.

Attorney(s) appearing for the Case

James D. Camp, III, Terrence P. O'Connor, Ft. Lauderdale, Fla., for plaintiff-appellant.

Donna S. Waters, Miami, Fla., for defendant-appellee.

Before FAY and KRAVITCH, Circuit Judges, and KAUFMAN, Senior District Judge.

FAY, Circuit Judge:

This case concerns a beneficiary's claim to the proceeds of a life insurance policy, when the insured decedent died of a terminal illness unknown at the time of insurance application. Finding that the insured decedent's omission of previous medical history constituted a material misrepresentation, the district court granted summary judgment for defendant-appellee Bankers National Life Insurance Company (Bankers) prior to denying as moot plaintiff...

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