Allstate Life Ins. Co. v. Weldon, No. 67--883

CourtCourt of Appeal of Florida (US)
Writing for the CourtHENDRY
Citation213 So.2d 15
PartiesALLSTATE LIFE INSURANCE CO., Appellant. v. Lovena WELDON, Administratrix of the Estate of Virgil Weldon, Deceased, Appellee.
Decision Date23 July 1968
Docket NumberNo. 67--883

Page 15

213 So.2d 15
ALLSTATE LIFE INSURANCE CO., Appellant.
v.
Lovena WELDON, Administratrix of the Estate of Virgil Weldon, Deceased, Appellee.
No. 67--883.
District Court of Appeal of Florida, Third District.
July 23, 1968.

Page 16

Stephens, Demos, Magill & Thornton, Miami, for appellant.

Manners & Amoon, Miami, for appellee.

Before PEARSON, HENDRY and SWANN, JJ.

HENDRY, Judge.

This is an appeal by the defendant below, Allstate Life Insurance Co., from a final judgment in favor of the plaintiff's awarding recovery of $2800.00 plus costs and.$1000.00 attorney's fees.

The plaintiff below was Lovena Weldon, administratrix of the state of Virgil Weldon, deceased. In 1965, Virgil Weldon, as buyer, executed a retail installment sales contract for the purchase of a new Mercury Comet automobile. As a part of the purchase price, he was charged $28.38 for credit life insurance. The insurance provided was a policy of group credit life insurance issued to Ford Motor Credit Company as policy holder by the appellant, Allstate Life Insurance Co. The insurance application contained the following paragraph:

'The person signing below upon whose life such insurance is to be provided, in order to induce Allstate Life Insurance Company to effect such insurance hereby declares that to the best of his knowledge and belief he is now in good health. * * *'

The application was signed and submitted by Weldon at the time the sales contract was executed, that is, on May 4, 1965.

The record on appeal contains evidence to show that between April 11 and April 29, 1965, Virgil Weldon was hospitalized due to a heart condition; that on April 29, he was released from the hospital and he returned to his normal activities, including his job; and that subsequent to his release, he continued under the care of his physician, who prescribed certain medication which Weldon took continuously. On July 19, 1965,

Page 17

Virgil Weldon succumbed to a condition described as 'arteriosclerotic heart disease'.

Allstate Life Insurance Co. denied a claim under the credit life policy and returned the $28.38 premium to Mrs. Weldon. The automobile in question having been repossessed by Ford Motor Credit Company, Mrs. Weldon, as administratrix of her deceased husband's estate, filed suit in the Civil Court of Record to recover the proceeds of the policy. From a judgment in favor of the plaintiff, Allstate Life insurance Co. appeals.

Appellant raises the contention that since it was a condition precedent to the policy becoming effective that the insured be in good health and since Weldon misrepresented the state of his health in the application, there can be no coverage under the policy. We must reject this contention. The judgment appealed is based upon a jury verdict which is entitled on appeal to all inferences in its favor. Viewing the evidence contained in the record in the light most favorable to the appellee, we can not say that there was not substantial competent evidence upon which the jury as reasonable men could have based their verdict...

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9 practice notes
  • Dade County School Bd. v. Radio Station WQBA, Nos. 95-0534
    • United States
    • Court of Appeal of Florida (US)
    • 7 Mayo 1997
    ...702 (Fla.1980); Dantzler Lumber & Export Co. v. Columbia Cas. Co., 115 Fla. 541, 156 So. 116 (1934); Allstate Life Ins. Co. v. Weldon, 213 So.2d 15 (Fla. 3d DCA 1968). It applies where a person or entity, not acting voluntarily, has paid a debt for which another was primarily liable, an......
  • Ranger Ins. Co. v. Travelers Indem. Co., No. UU-298
    • United States
    • Court of Appeal of Florida (US)
    • 7 Octubre 1980
    ...or implied agreement-is well established in Florida. It was explained and applied, for example, in Allstate Life Insurance Co. v. Weldon, 213 So.2d 15, 18 (Fla. 3rd DCA 1968), in which the court referred to several earlier cases. Boley v. Daniel, 72 Fla. 121, 72 So. 644 (1916), held (72 So.......
  • American Home Assur. Co. v. City of Opa Locka, Nos. 77-2648
    • United States
    • Court of Appeal of Florida (US)
    • 6 Marzo 1979
    ...from American Home the fees and costs due him because of its wrongful refusal to defend. As we said in Allstate Life Ins. Co. v. Weldon, 213 So.2d 15, 18 (Fla. 3d DCA 1968), quoting from Ulery v. Asphalt Paving, Inc., 119 So.2d 432 (Fla. 1st DCA "Subrogation, a creation of equity, is f......
  • Capital National Bank of Tampa v. Hutchinson, No. 29232.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 22 Diciembre 1970
    ...Florida courts have not departed from the benchmark definition promulgated in Boley. See, e.g., Allstate Life Insurance Co. v. Weldon, 213 So.2d 15, 18 (Fla. Dist.Ct.App.1968); De Cespedes v. Prudence Mutual Casualty Co., 193 So.2d 435 F.2d 53 224, 227 (Fla.Dist.Ct.App.1966), aff'd, 202 So.......
  • Request a trial to view additional results
9 cases
  • Dade County School Bd. v. Radio Station WQBA, Nos. 95-0534
    • United States
    • Court of Appeal of Florida (US)
    • 7 Mayo 1997
    ...702 (Fla.1980); Dantzler Lumber & Export Co. v. Columbia Cas. Co., 115 Fla. 541, 156 So. 116 (1934); Allstate Life Ins. Co. v. Weldon, 213 So.2d 15 (Fla. 3d DCA 1968). It applies where a person or entity, not acting voluntarily, has paid a debt for which another was primarily liable, an......
  • Ranger Ins. Co. v. Travelers Indem. Co., No. UU-298
    • United States
    • Court of Appeal of Florida (US)
    • 7 Octubre 1980
    ...or implied agreement-is well established in Florida. It was explained and applied, for example, in Allstate Life Insurance Co. v. Weldon, 213 So.2d 15, 18 (Fla. 3rd DCA 1968), in which the court referred to several earlier cases. Boley v. Daniel, 72 Fla. 121, 72 So. 644 (1916), held (72 So.......
  • American Home Assur. Co. v. City of Opa Locka, Nos. 77-2648
    • United States
    • Court of Appeal of Florida (US)
    • 6 Marzo 1979
    ...from American Home the fees and costs due him because of its wrongful refusal to defend. As we said in Allstate Life Ins. Co. v. Weldon, 213 So.2d 15, 18 (Fla. 3d DCA 1968), quoting from Ulery v. Asphalt Paving, Inc., 119 So.2d 432 (Fla. 1st DCA "Subrogation, a creation of equity, is f......
  • Capital National Bank of Tampa v. Hutchinson, No. 29232.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 22 Diciembre 1970
    ...Florida courts have not departed from the benchmark definition promulgated in Boley. See, e.g., Allstate Life Insurance Co. v. Weldon, 213 So.2d 15, 18 (Fla. Dist.Ct.App.1968); De Cespedes v. Prudence Mutual Casualty Co., 193 So.2d 435 F.2d 53 224, 227 (Fla.Dist.Ct.App.1966), aff'd, 202 So.......
  • Request a trial to view additional results

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