Legal Opinion

The Life Insurance Company of Virginia v. Leroy J. Shifflet, as De Bonis Non of the Estate of Florence I. Shifflet, Deceased

Court of Appeals for the Fifth Circuit

Decided January 4, 1967No. 22549PublishedCited by 22 opinions

1Per curiam

The decision of this case turns upon the proper construction of Section 627.01081 of the Florida Statutes, F.S.A. as a part of the Florida Insurance Code enacted October 15,1959, now appearing as Chapter 59-205 of the Florida General Laws of 1959. This Court held (359 F.2d 501) that, in his application for the policy of insurance on which this suit is based, Earl C. Shifflet “made clearly incorrect statements of fact on highly material matters, but he did not know they were incorrect.” Under this Court’s construction of the Florida statutes above cited, if the applicant did not know that the…

2Cases cited9 opinions

  1. Clay v. Sun Ins. Office Ltd.Supreme Court of the United States · 1960
  2. Sun Insurance Office, Limited v. ClaySupreme Court of Florida · 1961
  3. Edwin Green, Jr., as Administrator of the Estate of Edwin Green, Deceased, and Mary Green v. American Tobacco CompanyCourt of Appeals for the Fifth Circuit · 1962
  4. Green v. American Tobacco CompanySupreme Court of Florida · 1963
  5. Edwin Green, Jr., as Administrator of the Estate of Edwin Green, Deceased, and Mary Green v. American Tobacco CompanyCourt of Appeals for the Fifth Circuit · 1963

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3Cited by22 opinions

  1. Eusebio M. Martinez, Father of Jacqueline M. Martinez, a Minor, Deceased v. Jose Rodriquez and Antonio Rodriquez, D/B/A Ingram Court ApartmentsCourt of Appeals for the Fifth Circuit · 1968
  2. Margie C. Barnes v. Atlantic & Pacific Life Insurance Company of America, a CorporationCourt of Appeals for the Fifth Circuit · 1975
  3. Mrs. John W. Allen v. The Estate of Charles Francis Carman, Mrs. Sylvia CarmanCourt of Appeals for the Fifth Circuit · 1971
  4. National Education Association, Inc. v. Lee County Board of Public InstructionCourt of Appeals for the Fifth Circuit · 1972
  5. In Re Richard Lee McClintock Bankrupt. Edward W. Szczepanski, Jr., Trustee-Appellant v. General Motors Acceptance Corporation, in Re Paul Jean Portman, Jr., Bankrupt. Edward W. Szczepanski, Jr. v. Ford Motor Credit CompanyCourt of Appeals for the Fifth Circuit · 1977

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