Legal Opinion
Carolyn R. McDonell Administratrix C.T.A. Of the Estate of Edward A. McDonell Deceased v. New England Mutual Life Insurance Company
Court of Appeals for the Fifth Circuit
Decided October 4, 1967No. 23993PublishedCited by 9 opinions
1Opinion of the Court
SIMPSON, Circuit Judge.
Florida Statute 627.01081, F.S.A. provides :
“Representations in applications — All statements and descriptions in any application for an insurance policy or annuity contract, or in negotiations therefor, by or in behalf of the insured or annuitant, shall be deemed to be representations and not warranties. Misrepresentations, omissions, concealment of facts, and incorrect statements shall not prevent a recovery under the policy or contract unless either:(1) Fraudulent; or(2) Material either to the acceptance of the risk, or to the hazard assumed by the insurer; or(3) The…
2Cases cited5 opinions
- Life Insurance Company of Virginia v. ShiffletSupreme Court of Florida · 1967
- The Life Insurance Company of Virginia v. Leroy J. Shifflet, as De Bonis Non of the Estate of Florence I. Shifflet, DeceasedCourt of Appeals for the Fifth Circuit · 1967
- The Life Insurance Company of Virginia v. Leroy J. Shifflet, as De Bonis Non of the Estate of Florence i.shifflet, DeceasedCourt of Appeals for the Fifth Circuit · 1966
- Douglas v. Mutual Life Insurance Co. of New YorkDistrict Court of Appeal of Florida · 1966
- Prudential Insurance Co. of America v. WhittingtonDistrict Court of Appeal of Florida · 1957
3Cited by9 opinions
- Allstate Insurance Company v. Albert WinnemoreCourt of Appeals for the Fifth Circuit · 1969
- Harold Wissner, as Father and Next Friend of Jack David Wissner, Minors, and Harold Wissner, Individually v. The Metropolitan Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1968
- Disposable Services, Inc. v. Itt Life Insurance Company of New YorkCourt of Appeals for the Fifth Circuit · 1972
- Firstier Mortgage Co. v. Investors Mortgage InsuranceDistrict Court, W.D. Oklahoma · 1989
- Hyde v. United American InsuranceDistrict Court of Appeal of Florida · 1968
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