CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16815
...the decision is based. Appellant suspects the trial court found that the misstatement of age in the application for insurance was a material misrepresentation, thereby invalidating the policy. Such a finding is erroneous, appellant contends, because Section 627.456, Florida Statutes (1977), provides: Misstatement of age or sex....
CopyPublished | District Court, N.D. Florida | 2009 U.S. Dist. LEXIS 68685
...l be such as the premium would have purchased according to the correct age of sex. Such calculations shall be in accordance with the insurer's rate at date of issue, and at the option of the insurer this may be so specified in the policy. Fla. Stat. § 627.456 (2008) (emphasis added)....
...prepared the policy."). The reading is also supported by the canon calling for construction of a policy in accord with an applicable statute. The statute corresponding with § 7.4 applies only when an insured's "age" has been "misstated," Fla. Stat. § 627.456, not when the insured has stated his "age" correctly but the agent has listed the birth date wrong....
...or its agent his correct age, the person "misstates" his age. The $250,000 policy includes the same § 7.4 as the $100,000 policy. Mr. Fretwell's misstatement of his age brings into play the second paragraph of § 7.4 and the misstated-age statute, § 627.456....
