Summary
holding misrepresentation regarding medical history warranted summary judgment
Summary of this case from Kaplan v. AXA Equitable Life Ins. Co.Opinion
No. 83-791.
July 10, 1984.
Appeal from Circuit Court, Dade County; Sam I. Silver, Judge.
Kroll, Pomerantz Cameron and Robert A. Freyer and Pamela J. Reynolds, Miami, for appellant.
Kramer Golden and Richard Golden, North Miami, for appellees.
Before NESBITT, DANIEL S. PEARSON and JORGENSON, JJ.
Because the unrebutted evidence is that Mrs. Leichter misrepresented her prior medical history when applying for insurance coverage from Wisconsin National and such misrepresentation was material to the acceptance of the risk, see § 627.409, Fla. Stat. (1981), we reverse the judgment under review and direct the trial court to enter a directed verdict for the appellant. See Life Insurance Co. of Virginia v. Shifflet, 201 So.2d 715 (Fla. 1967).
Reversed and remanded with directions.