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SPATZ v. PAUL REVERE LIFE INS. CO.

No. 99-0661.

746 So.2d 1137 (1999)

Gregory L. SPATZ, Appellant, v. The PAUL REVERE LIFE INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 30, 1999.

Attorney(s) appearing for the Case

Bruce Botsford and Edward R. Curtis of Curtis & Curtis, P.A., Fort Lauderdale, and Randall J. Bakke of Smith Bakke Hovland & Oppegard, Bismarck, North Dakota, for appellant.

Mark D. Greenberg and Leonor M. Lagomasino of Greenberg & Lagomasino, P.A., Miami, for appellee.

STONE, J.

We reverse the summary final judgment in favor of Paul Revere Life Insurance Company (Paul Revere).

This case involves two successive income protection policies issued in 1989 and 1991, respectively. On March 1, 1989, Paul Revere issued a policy of disability insurance (1989 policy) to Gregory L. Spatz (insured) which provided benefits of approximately $3,100.00 per month for total disability. On January 25, 1991, the insured applied for increased...

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