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FORTUNE INS. CO. v. PHILONE

No. 95-2636.

670 So.2d 122 (1996)

FORTUNE INSURANCE COMPANY, Appellant, v. Charitable PHILONE, et al., Appellees.

District Court of Appeal of Florida, Third District.

March 6, 1996.

Attorney(s) appearing for the Case

Diane H. Tutt, Plantation, for appellant.

Marc L. Goldman, Flint, MI, for appellees.

Before NESBITT, LEVY and GREEN, JJ.

PER CURIAM.

We reverse the summary final judgment under appeal. This case is indistinguishable from U.S. Security Ins. Co. v. Levites, 625 So.2d 1232 (Fla. 4th DCA 1993). Here the lower court erred in summarily deciding that appellee-Philone did not make a material misrepresentation in his application for insurance by responding negatively to a question from the insurer's agent as to whether he had any restrictions on his...

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