Massachusetts Casualty Insurance v. Forman

GOLDBERG, Circuit Judge:

The appellant, Massachusetts Casualty Insurance Company, filed suit against ap-*482pellee Forman seeking to rescind and cancel a disability insurance policy it had issued to Forman and to recover $5,500 disability benefits already paid. Forman counterclaimed for enforcement of the policy. We held that the company was entitled to recovery of the $5,500 paid benefits, but not to cancellation and rescission of the policy. Massachusetts Casualty Insurance Co. v. Forman, 516 F.2d 425 (5th Cir. 1975). We remanded to the District Court “to determine whether under the Florida law…