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440069
IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT
IN AND FOR ST. LUCIE~COUNTY,
' FLORIDA
CASE NO. 78-529-CA
RENA LUCAS,
~ Plaintiff, - ,
vs. JOIN'' MOTION AND STIPULATION
TO AMEND A,'~iSWER AND ORDER
THE TRAVELERS INSURANCE
COMPANY,
Defendant.
I JOINT MOTION AND STIPULATION TO A~'~IEND ANSWER
The parties to the above-styled cause of action, by and
through their undersigned attorneys, jointly petition and move
` the Honorable Court herein to grant leave to the Defendant,
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THE TRAVELERS INSURANCE COMPANY, to amend Paragraph 3 and 4 I
of said Answer and to add Paragraph 5 thereto, so that said
Paragraphs shall read herewith as follows:
3. For its second affirmative defense the Defendant
would show unto the Honorable Court that. the policy herein '
sued upon is null and void, being of no force and effect what-
f soever as to the Plaintiff herein in that Plaintiff's decedent
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. ~ misrepresented the Defendant in connection with the decedent's
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application for insurance. The misrepresentations were
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i1 material either to the acceptance of the risk or to the hazard
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~i assumed by the insuror, or, in the alternative, the insuror
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in good faith would either not have issued the policy or contract .
E or would not have issued it at the same premium rate, or would ~
not. have issued a policy or contract in as large an amount, or
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1' would not have .provided coverage with respect to the hazard re-
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sulting in the loss, if the true facts had been made known to
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the insuror as required either by the application for the policy ` }
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or contract or-otherwise. A copy of said mispresentations by
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~i Plaintiff s decedent is attached hereto as Defendant's Exhibit
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