Kelley v. Prudential Insurance Co.

District Court of Appeal of Florida

Kelley v. Prudential Insurance Co.

224 So. 2d 435

CourtDistrict Court of Appeal of Florida

DecidedFebruary 5, 1969

DocketNo. 68-4

StatusPublished

Cited by1 cases

This text of 224 So. 2d 435 (Kelley v. Prudential 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.

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Kelley v. Prudential Insurance Co., 224 So. 2d 435 (Fla. Ct. App. 1969).

Pincite

Opinion

PER CURIAM.

This is an appeal from the Civil and Criminal Court of Record for Pinellas County, Florida. Plaintiff, appellant here, was the wife of the deceased, Julian S. Kelley, who had purchased a credit life insurance policy in July of 1965, which policy contained the following language:

“I, the undersigned debtor, proposed for such insurance, in order to induce Prudential to effect such insurance, do hereby declare that to the best of my knowledge and belief, I am now in good health.”

On January 27, 1966, appellant’s husband died of cancer while still owing General Motors Acceptance Corporation $3,311.71. Appellee, Prudential Insurance Company, refused to pay and suit was brought. After taking many depositions the court granted a summary judgment in favor of Prudential.

We have read the briefs and the depositions of the doctors and others taken in this cause, and have heard oral argument. We can find no reason to believe that the plaintiff’s husband did not know of his bad health at the time he signed the application for the insurance policy.

For these reasons the entry of the summary judgment in favor of Prudential Insurance Company was correct.

Affirmed.

LILES, C. J., and PIERCE and MANN, JJ., concur.

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