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STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. v. SAUER

Nos. 94-1859, 94-1860.

652 So.2d 514 (1995)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an insurance corporation, and Tire Kingdom, Inc., a Florida corporation, jointly and severally, Appellants, v. William SAUER, individually, and William Sauer, as parent and next friend of Casey L. Sauer, a minor, Appellee.

District Court of Appeal of Florida, Fourth District.

April 5, 1995.

Attorney(s) appearing for the Case

Janet L. Brown and Michaela D. Scheihing of Boehm, Brown, Rigdon, Seacrest & Fischer, P.A., Orlando, for appellant-State Farm Mut. Auto. Ins. Co.

Stephen A. Papy of Stephen A. Papy, P.A., Miami, for appellant — Tire Kingdom, Inc.

Richard A. Kupfer of Richard A. Kupfer, P.A., and Romano, Eriksen & Cronin, West Palm Beach, for appellee.

PER CURIAM.

We affirm the jury's determination that the appellant, State Farm, is liable under its health insurance policy to cover the medical expenses of the appellee's dependent daughter. There is substantial competent evidence that the innocent misrepresentations, if any, made by the appellee in filling out the application for insurance were not material, as State Farm would have issued the policy had the true facts been known. While the evidence is conflicting...

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