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STEWART v. MIDLAND LIFE INS. CO.

No. 2D03-5186.

899 So.2d 331 (2005)

Karla STEWART, Appellant, v. MIDLAND LIFE INSURANCE CO., Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 22, 2005.

Attorney(s) appearing for the Case

Julian A. Sanchez of Julian A. Sanchez, P.A., Tampa, for Appellant.

Wm. Jere Tolton, III, and Timon V. Sullivan of Ogden & Sullivan, P.A., Tampa, for Appellee.

WHATLEY, Judge.

Karla Stewart appeals a final summary judgment finding that Midland Life Insurance Company was not liable for her attorney's fees pursuant to section 627.428, Florida Statutes (2001). We reverse.

Stewart's husband, Gregory Stewart, was insured under a life insurance policy issued by Midland. Stewart was the beneficiary of the policy. Gregory Stewart died on November 3, 2001. His death occurred within the two-year contestable period in the policy...

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