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BOCA RATON COMMUNITY HOSP. v. BRUCKER

No. 96-1197.

695 So.2d 911 (1997)

BOCA RATON COMMUNITY HOSPITAL, INC., Appellant, v. Harry G. BRUCKER, Diane Brucker, Federal Home Life Insurance Company and Bradford National Life Insurance Company, Appellees.

District Court of Appeal of Florida, Fourth District.

June 25, 1997.

Attorney(s) appearing for the Case

Alan M. Fisher and Barry A. Postman of Alan M. Fisher, P.A., Miami, and Jay M. Levy of Jay M. Levy, P.A., Miami, for appellant.

Leslie W. Loftus and Wesley A. Lauer of Arnstein & Lehr, West Palm Beach, for Appellee-Federal Home Life Insurance Company.

BARR, ROBBIE M., Associate Judge.

Boca Raton Community Hospital sued to recover benefits under a medical insurance policy issued by Federal Home to Diane and Harry Brucker. The trial court granted summary judgment in favor of the insurer, finding the dependent coverage for Mr. Brucker void due to a material misrepresentation on the application. Because we find genuine issues of material fact exist, we reverse and remand for further proceedings.

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