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. "A", being the application of insurance submitted by Plaintiff's ~
decedent, Calvin Luc,~s;
4. For its third affirmative defense the Defendant would
. I show unto the Honorable Court that the policy herein sued upon
is null and void, being of no force or effect whatsoever as to
the Plaintiff herein in that Plaintiff's decedent fraudulently
misrepresented the Defendant in connection with the decedent's
application for insurance, which is attached hereto as Defendant'
Exhibit "A". More particularly, the following misrepresentations
of said Exhibit "A" were fraudulent: (1) That Calvin Lucas ~
was an employee of Marcar Enterprises, Inc.; (2) That Calvin
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Lucas received a basic annual salary of $9,500.00; (3) That '
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Calvin Lucas was employed as a foreman by Marcar Enterprises,
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_ , Inc.; (4) That Calvin Lucas had never had heart trouble, high
blood pressure, albumin or sugar in his urine, tuberculosis,
cancer or tumors or ulcers; (5) That Calvin Lucas was then in
jl a state of good health; (6) That Calvin Lucas had not had any
illness or been attended by a doctor during the last five years.
Calvin Lucas knew that said fraudulent misrepresentations were
untrue or, in the absence of specific knowledge as to their
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~ truth or falsity, was under a duty to ascertain the truth of
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the matter, and intended to induce reliance by the Defendant ~
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so as to secure coverage for group life insurance benefits. ~
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t The Defendant did, in fact, reasonably rely upon said fraudulent
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misrepresentations to its detriment by extending coverage to
- Calvin Lucas . ~
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5. The Defendant reserves those rights conferred by
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~ Florida Rules of Civil Procedure, Rule 1.190 to amend the
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j! answer as may be deemed necessary by further investigation +i
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or discovery. +
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