PERLMAN v. PRUDENTIAL INS. CO.

No. 95-2296.

686 So.2d 1378 (1997)

Michael Jay PERLMAN, Appellant, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, INC., et al., Appellees.

District Court of Appeal of Florida, Third District.

January 22, 1997.


Attorney(s) appearing for the Case

Andrew Hall and Associates and Andrew C. Hall and Christopher J. Dawes, Miami, for appellant.

Rumberger, Kirk & Caldwell and Joshua D. Lerner and Scott M. Sarason; Brenton N. Ver Ploeg and Ivonne Prieto, Miami, for appellees.

Before SCHWARTZ, C.J., and GODERICH and GREEN, JJ.


SCHWARTZ, Chief Judge.

In this action for the rescission of a life insurance contract because of alleged fraud in the inducement, we hold that, if successful, the owner of the policy is entitled to the return of the premiums already paid plus interest less only the actuarial value of the insurance during its existence. Because the trial court directed a verdict for the carrier and its salesperson on the therefore erroneous ground that it was entitled to retain that...

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