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GREEN v. LIFE & HEALTH OF AMERICA

No. 96-1418.

692 So.2d 220 (1997)

Allen GREEN, as Personal Representative of the Estate of Harold Green, Individually, Appellant, v. LIFE & HEALTH OF AMERICA, a foreign corporation authorized to do business in the State of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 16, 1997.

Attorney(s) appearing for the Case

Shelley H. Leinicke of Wicker, Smith, Tutan, O'Hara, McCoy, Graham & Ford, P.A., Fort Lauderdale, for appellant.

Nancy W. Gregoire of Bunnell, Woulfe, Kirschbaum, Keller & McIntyre, P.A., Fort Lauderdale, for appellee.

SHAHOOD, Judge.

In March 1991, Harold Green ("Green") applied for a home health care benefits policy with appellee, Life & Health Insurance Company of America, ("Life & Health"). The application contained a section which listed nine medical conditions and asked "Have you or your spouse within the past 5 years had or been told you have the following conditions." Next to each condition, including "kidney failure" and "chronic obstructive lung disease," Green...

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