ALL AMERICAN LIFE & CASUALTY COMPANY, AN INSURANCE CORPORATION, APPELLANT,
v.
TERI ROSE, AS ADMINISTRATRIX OF THE ESTATE OF RONALD ROSE, DECEASED, APPELLEE
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The appellate court affirmed a summary judgment for the plaintiff in a suit to recover under an accident and sickness policy. The court found no merit in the insurer's arguments that the policy should be voided due to concealment and misrepresentation, that the evidence was insufficient for summary judgment, or that the attorney fees awarded were excessive.
No, the appellate court held that the insurer's contentions lacked merit and that no reversible error was shown.
“We have considered these points in the light of the record, argument and briefs and conclude that they are lacking in merit.”
This quote establishes the court's conclusion after reviewing the appellant's arguments.
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Join FLexlaw to unlock all legal intelligenceRonald Rose sued All American Life & Casualty Company under an accident and sickness policy, alleging disability from a heart attack. The trial court …
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Ronald Rose filed suit against the appellant, All American Life & Casualty Company, seeking to recover under an accident and sickness policy, alleging disability from a heart attack suffered after issuance of the policy. Plaintiff moved for and obtained a summary judgment, from which this appeal is taken. Appellant presents three contentions: that the policy should be voided for concealment of facts and misrepresentations by the insured; that plaintiff did not produce sufficient competent evidence to entitle him to summary judgment and that the attorney fees awarded under § 627.0127, Fla.Stat, F.S.A., were exorbitant and unreasonable. We have considered these points in the light of the record, argument and briefs and conclude that they are lacking in merit. No reversible error having been shown, the judgment appealed from should be and hereby is
Affirmed.
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Fid. & Cas. Co. OF NEW York v. Dunlap, 371 So. 2d 1102 (Fla. 3d DCA 1979)…that the summary judgment be reversed as to them. We find no error in the summary judgment as to Fidelity, and affirm same. Edgewater Drugs, Inc. v. Jax Drugs, Inc., 138 So. 2d 525 (Fla. 1st DCA 1962); All American Life & Casualty Company v. Rose, 145 So. 2d 555 (Fla. 3d DCA 1962); Tavares v. Allstate Insurance Company, 342 So. 2d 551 (Fla. 3d DCA 1977); Bared v. Miami Professional Sports Ltd., 353 So. 2d 167 (Fla. 3d DCA 1978); F&R Builders v. Lowell Dunn Company, 364 So. 2d 826 (Fla. 3d DCA 1978). Therefo…