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GREEN v. LIFE & HEALTH OF AMERICA

No. 4D00-650.

776 So.2d 949 (2000)

Allen GREEN, as personal representative of the Estate of Harold Green, 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 February 9, 2001.

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 and Richard T. Woulfe of Bunnell, Woulfe, Kirschbaum, Keller, Cohen & McIntyre, P.A., Fort Lauderdale, for appellee.

STONE, J.

We affirm a summary final judgment entered in favor of the insurer under a health care policy. The trial court correctly concluded that the policy's pre-existing conditions exclusion entitled Life & Health of America ("Life & Health") to deny coverage of the claim in question.

Harold Green ("the decedent") sued Life & Health, seeking reimbursement for home care benefits that would have been covered by his insurance policy, but for the...

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