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SCHWARTZ v. GUARDIAN LIFE INS. CO.

No. 4D09-3736.

73 So.3d 798 (2011)

Odette SCHWARTZ, Appellant, v. The GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Susan Jean Schwartz, Babette Madeline Schwartz, and Arielle Phillipine Schwartz, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 1, 2011.

Attorney(s) appearing for the Case

Robert M. Kahn of Shooster Kahn & Kleiman, Margate, for appellant.

Harold E. Patricoff , Jerel C. Dawson , and Stephen T. Maher of Shutts & Bowen LLP, Miami, for appellees.

CONNER, J.

Odette Schwartz appeals the denial of her motion for summary judgment and the granting of summary judgment in favor of The Guardian Life Insurance Company of America ("Guardian Life"). Odette raises five issues on appeal regarding the order granting Guardian Life's motion for summary judgment. She contends the trial court erred by (1) granting summary judgment when the facts are in dispute, (2) determining she waived her claim to life insurance proceeds...

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