Harper v. Union Benefit Life Insurance Co.

District Court of Appeal of Florida

Harper v. Union Benefit Life Insurance Co.

573 So. 2d 1074, 1991 Fla. App. LEXIS 996, 1991 WL 15477

CourtDistrict Court of Appeal of Florida

DecidedFebruary 13, 1991

DocketNo. 90-0294

StatusPublished

This text of 573 So. 2d 1074 (Harper v. Union Benefit Life Insurance Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Harper v. Union Benefit Life Insurance Co., 573 So. 2d 1074, 1991 Fla. App. LEXIS 996, 1991 WL 15477 (Fla. Ct. App. 1991).

Pincite

Opinion

PER CURIAM.

This appeal arises out of a suit for wrongful denial of medical insurance benefits. The trial court entered summary final judgment in favor of the defendant, Union Benefit Life Insurance Company, and against the plaintiff, Bernice Harper, on grounds that Harper had accepted a rescission of her policy by accepting a refund check which represented the premiums she had paid on the policy. Harper appeals and we reverse.

In our opinion there remained issues of fact which precluded summary judgment, the issues being:

1. Whether Harper intended to rescind the policy by accepting a check.

2. Whether Harper knew that cashing the refund check would result in a rescission of the policy.

We reverse and remand for further proceedings consistent herewith.

GUNTHER and GARRETT, JJ., and WALDEN, JAMES H. (Retired), Associate Judge, concur.

Free access — add to your briefcase to read the full text and ask questions with AI