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MASSACHUSETTS CAS. INS. CO. v. FORMAN

No. 77-1528.

600 F.2d 481 (1979)

MASSACHUSETTS CASUALTY INSURANCE COMPANY, a Massachusetts Corporation, Plaintiff-Appellant, v. Kenneth B. FORMAN, (Stephanie Forman, as the Personal Representative of the Estate of Kenneth B. Forman, deceased, substituted in the place and stead of Kenneth B. Forman), Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 8, 1979.

Attorney(s) appearing for the Case

L. J. Cushman, Miami, Fla., for plaintiff-appellant.

Burton Young, William L. Rogers, North Miami Beach, Fla., for defendant-appellee.

Before WISDOM, GOLDBERG and VANCE, Circuit Judges.

GOLDBERG, Circuit Judge:

The appellant, Massachusetts Casualty Insurance Company, filed suit against appellee Forman seeking to rescind and cancel a disability insurance policy it had issued to Forman and to recover $5,500 disability benefits already paid. Forman counterclaimed for enforcement of the policy. We held that the company was entitled to recovery of the $5,500 paid benefits, but not to cancellation and rescission...

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