Lazo v. Benefit Trust Life Insurance Co.

District Court of Appeal of Florida

Lazo v. Benefit Trust Life Insurance Co.

640 So. 2d 1224, 1994 Fla. App. LEXIS 7897, 1994 WL 416778

District Court of Appeal of Florida·Decided August 9, 1994·No. No. 94-109·Published

Opinion

PER CURIAM.

The summary judgment entered below for the insurance company under section 627.-409, Florida Statutes (1991), is reversed because the record demonstrates unresolved material issues as to “the extent of the questions asked by the insurance agent, the accuracy of the answers given by the insured[,] the insured’s alleged misrepresentation[s],” Travelers Ins. Co. v. Zimmerman, 309 So.2d 569, 570 (Fla. 3d DCA 1975), and their materiality. Union Am. Ins. Co. v. Fernandez, 603 So.2d 653 (Fla. 3d DCA 1992); Underwriters Nat’l Assurance Co. v. Harrison, 338 So.2d 58 (Fla. 3d DCA 1976).

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PER CURIAM.

The summary judgment entered below for the insurance company under section 627.-409, Florida Statutes (1991), is reversed because the record demonstrates unresolved material issues as to “the extent of the questions asked by the insurance agent, the accuracy of the answers given by the insured[,] the insured’s alleged misrepresentation[s],” Travelers Ins. Co. v. Zimmerman, 309 So.2d 569, 570 (Fla. 3d DCA 1975), and their materiality. Union Am. Ins. Co. v. Fernandez, 603 So.2d 653 (Fla. 3d DCA 1992); Underwriters Nat’l Assurance Co. v. Harrison, 338 So.2d 58 (Fla. 3d DCA 1976).

Lazo v. Benefit Trust Life Insurance Co., 640 So. 2d 1224, 1994 Fla. App. LEXIS 7897, 1994 WL 416778 (Fla. Ct. App. 1994).

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Opinion

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