WISCONSIN NATIONAL LIFE INSURANCE COMPANY, APPELLANT,
v.
GUS LEICHTER AND FLORENCE LEICHTER, APPELLEE
WISCONSIN NATIONAL LIFE INSURANCE COMPANY, APPELLANT,
GUS LEICHTER AND FLORENCE LEICHTER, APPELLEE
452 So. 2d 1052
Florida District Court of Appeal, Third District (1984)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
Because the unrebutted evidence is that Mrs. Leichter misrepresented her prior medical history when applying for insurance coverage from Wisconsin National and such misrepresentation was material to the acceptance of the risk, see § 627.409, Fla.Stat. (1981), we reverse the judgment under review and direct the trial court to enter a directed verdict for the appellant. See Life Insurance Co. of Virginia v. Shifflet, 201 So. 2d 715 (Fla.1967).
Reversed and remanded with directions.
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Arnaldo Valdes v. State, 510 So. 2d 631 (Fla. 3d DCA 1987)…ustain a conviction the state needed only to prove that Valdes willfully or maliciously damaged another’s property. § 806.-13(l)(a), Fla.Stat. (1985). While damage to property is an essential element of the crime of criminal mischief, N.R. v. State, 452 So. 2d 1052 (Fla. 3d DCA 1984), once it is established that the defendant damaged another’s property, the value of the property damage is relevant only to the severity of the crime. See § 806.13(l)(b), Fla.Stat. (1985); cf. § 812.014, Fla.Stat. (1985) (statute…
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In the Interest of J.R.S. v. State, 569 So. 2d 1323 (Fla. 1st DCA 1990)…mischief. D.B. v. State, 559 So. 2d 305 (Fla. 3d DCA 1990); Valdes v. State, 510 So. 2d 631, 632 (Fla. 3d DCA 1987) review denied, State v. J.C.B., 520 So. 2d 586 (Fla. 1988); Roberts v. State, 461 So. 2d 212, 214 (Fla. 1st DCA 1984); N.R. v. State, 452 So. 2d 1052 (Fla. 3d DCA 1984). However, the specific value of the property damage is relevant only to the severity of the crime. Valdes, 510 So. 2d at 632. As the state concedes, the opinions dealing with the offense of criminal mischief do not state expressl…
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Cont'l Assurance Co. v. Carroll, 459 So. 2d 443 (Fla. 4th DCA 1984)…Casualty & Surety Company, 657 F. 2d 652 (5th Cir.1981); Hyman v. Life Insurance Company of North America, 481 F. 2d 441, 444 n. 3 (5th Cir. 1973). Appellant Continental calls our attention to Wisconsin National Life Insurance Company v. Leichter, 452 So. 2d 1052 (Fla. 3d DCA 1984); Phillips v. Ostrer, 418 So. 2d 1104 (Fla. 3d DCA 1982); Preferred Risk Life Insurance Company v. Sande, 421 So. 2d 566 (Fla. 5th DCA 1982), and Minnesota Mutual Life Insurance Company v. Candelore, 416 So. 2d 1149 (Fla. 5th DCA 1…
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- The Life Ins. Co. OF Va. v. Leroy J. Shifflet de bonis non of the Estate of Florence I. Shifflet, 201 So. 2d 715 (Fla. 1967)