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PIONEER LIFE INS. CO. v. HEIDENFELDT

No. 2D99-151.

773 So.2d 75 (2000)

PIONEER LIFE INSURANCE COMPANY, Appellant, v. Belva HEIDENFELDT, Appellee.

District Court of Appeal of Florida, Second District.

January 19, 2000.

Attorney(s) appearing for the Case

Daniel J. Koleos of Luks, Koleos & Santaniello, P.A., Fort Lauderdale, and Jay S. Blumenkopf, Jeannine Cline Jacobson and Kristina B. Pett of Proskauer Rose LLP, Boca Raton, for Appellant, Pioneer Life Insurance Company.

No Appearance for Appellee.

Stephanie W. Kanwit of Epstein Becker & Green, P.C., Washington, D.C.; and Jeffrey Gabardi of Health Insurance of American, Washington, D.C., Amicus Curiae.

STRINGER, Judge.

Pioneer Life Insurance ("Pioneer Life") appeals from a final judgment in favor of Belva Heidenfeldt. Pioneer Life asserts that the trial court incorrectly concluded that Pioneer Life was prohibited from denying insurance benefits due to its failure to comply with the notice requirements of section 627.613(2), Florida Statutes (1997). We agree and reverse.

On January 1, 1991, Pioneer Life issued a medicare supplement policy to Heidenfeldt....

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