Davis v. United Life Insurance Co.

PER CURIAM.

The summary judgment rendered in favor of the appellee-defendant in this case by the civil court of record in Dade County is reversed and the cause remanded for further proceedings, because after hearing oral argument and considering the record and briefs we hold that there was a genuine triable issue as to whether the insured was or was not in good health at the outset of the insurance policy sued on.

It is so ordered.

HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur.