Legal Opinion
National Ben Franklin Life Insurance Corp. v. Cohen
District Court of Appeal of Florida
Decided February 20, 1985No. Nos. 83-1136, 83-1589Published
1Opinion of the Court
LETTS, Judge.
The main issue which we address is whether a life insurance policy remains in full force and effect even though the agent, rather than the insured, pays the first year’s premium in cash. We conclude the policy is enforceable and, therefore, the beneficiary is entitled to the proceeds.
The insurance company asserts that Section 627.4035, Florida Statutes (1981), requires that the payment be made by someone other than the agent, but we find no such exclusion in the statute. The only relevant provision is that the payment must be made in cash. It was.
The insurance company also cites…
Also in this document: Concurrence.
2Cases cited17 opinions
- Hoffman v. John Hancock Mutual Life InsuranceSupreme Court of the United States · 1876
- Florida Medical Center, Inc. v. VON STETINA EX REL. VON STETINADistrict Court of Appeal of Florida · 1983
- Meridian Life Insurance v. MilamCourt of Appeals of Kentucky · 1916
- East Coast Tire Co. v. DenmarkDistrict Court of Appeal of Florida · 1980
- Gibson v. Texas Prudential InsuranceMissouri Court of Appeals · 1935
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