Travelers Ins. Co. v. Zimmerman, 74--937
| Decision Date | 25 March 1975 |
| Docket Number | No. 74--937,74--937 |
| Citation | 309 So.2d 569 |
| Parties | TRAVELERS INSURANCE COMPANY, a Connecticut Corporation, Appellant, v. Arthur E. ZIMMERMAN, Appellee. |
| Court | Florida District Court of Appeals |
Bradford, Williams, McKay, Kimbrell, Hamann & Jennings, Miami, for appellant.
Stephen Lubow, Miami, Steven Gary, N. Miami, Beach, for appellee.
Before HENDRY, HAVERFIELD and NATHAN, JJ.
Defendant-appellant seeks review of a final judgment for plaintiff entered pursuant to a jury verdict in an action to recover total permanent disability benefits under an insurance policy issued by the appellant.
Plaintiff-appellee, Arthur E. Zimmerman, on July 10, 1970 met with one of the representatives of defendant-appellant, Travelers Insurance Company, for the purpose of applying for disability insurance. The representative asked the questions on the application and wrote down the responses thereto. Plaintiff answered in the affirmative the question if he ever had any back problems and gave to the representative the name of the hospital where he had his back operation and his doctor at the time of the surgery. Thereafter, the application was submitted to the home office of appellant, reviewed and approved. Thereupon, appellee was issued a disability policy and commenced paying the premiums. Subsequently, plaintiff became totally disabled as the result of an enlarged heart coronary artery disease and made a claim under his policy of insurance for disability income. Upon investigation thereof, appellant discovered from plaintiff's hospital records that plaintiff had received treatment for polydipsia, diabetes, anxiety neurosis and chronic back problems. Defendant insurer refused to honor the claim for plaintiff's failure to advise defendant of the above in his application for insurance. Thereupon, plaintiff filed a complaint to recover permanent disability benefits under the policy issued by defendant. Defendant Travelers answered and counterclaimed for rescission under § 627.409, Fla.Stat. on the grounds that there were material misrepresentations, omissions, incorrect statements or concealed facts in the application for the policy of insurance. The cause proceeded to a jury trial at the conclusion of which the jury returned a verdict in favor of the plaintiff. Judgment in the total amount of $10,176 was entered thereon. Defendant insurer appeals therefrom. We affirm.
It is well established that under § 627.409, Fla.Stat. even an innocent...
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