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IN 1HE D~STItYL~ f:t~UltT t~F APPEAL ~F 1HE 5fiA1E 0~ FLORIDA ,
FOURTH DISTRICT JULY TERM 1973 '
OLD REPUBLIC LIFE INSURANCE ) NOT FINAL li~'T1L T:AiF. EY°:.^.ES
COMPANY , ) ,~i
~ - TO :.LE 2._.i.:A..~\.~ I'~TiT:.~.+
Appellant , ) ~~Z'~ IF F1I?.:J, L.`~ OS~D C?.
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. v. ) 'CASE NO. 77-2b38.
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EDITH M. RUCKS. )
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Appellee. ) -
Opinion filed October 25,.1978.
Appeal from the Circuit Court ~
for St. Lucie County;
Royce R. Lewis, Judge.
Emory C. Teel, III, of Fee,
Parker & Fee, P.A., Fort Pierce,
fnr annal 1 ar~r ~ -
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Richard V. Neill of Neill Griffin
Jeffries & Lloyd Chartered, .
Fort Pierce, for appellee.
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PER CURIAM. .
This is an appeal from a judgment for attorney's
fees. The appellant claims that under Section 627.401(2),
Florida Statutes (1975), attorney's~fees are not recoverable
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on insurance contracts not issued for delivery in Florida.
! The appellant sold the appellee's deceased husband
~ two policies of credit life insurance on loans made to the
~ Rucks by the Federal Land Bank of Columbia, South Carolina.
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~ Mr. Rucks was a Florida resident, the policies were purchased
~ in Florida, and certificates of insurance were issued in F~orida. -
• The certificates referred to a master.policy on file with the
i Federal Land Bank in Columbia. .
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~ Section 627.401(2) provides that the statute
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~ authorizing the recovery of attorney's fees, Section 627.428(1),
E .
~ is not applicable to contracts of insurance not issued for ~
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~ delivery in Florida. However, Section 627.401(5) states that
the only provision of Part II of Chapter 627 [;ahich includes
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