LOIS R. GARWOOD, PETITIONER,

v.

THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, A FOREIGN CORPORATION, RESPONDENT

Citator

Cited By

• Cordis Corp. v. Prooslin, 482 So. 2d 486 (Fla. 3d DCA 1986)
  …etion, the court is guided by established rules and principles of equity jurisprudence, in view of the particular facts presented in the case. Jennings, 360 So. 2d at 435; Muss v. City of Miami Beach, 312 So. 2d 553, 554 (Fla. 3d DCA), cert. denied, 321 So. 2d 553 (Fla.1975). The trial court must use a balancing-type approach, balancing the possible beneficial results on the one hand with the possible detrimental results on the other, Murphy v. Daytona Beach Humane Society, 176 So. 2d 922, 926 (Fla. 1st DCA 1…
• Florine G. Gaskins and George W. Gaskins v. Gen. Ins. Co. OF Fla., 397 So. 2d 729 (Fla. 1st DCA 1981)
  …Permenter, 204 So. 2d 206 (Fla.1967), and by the adoption of Mr. Justice Ervin’s concurring opinion to some extent by the appellate courts, for example in Garwood v. Equitable Life Assur. Soc. of U. S., 299 So. 2d 163 (Fla. 3rd DCA 1974), cert. den. 321 So. 2d 553 (Fla.1975); Travelers Insurance Company v. Zimmerman, 309 So. 2d 569 (Fla. 3rd DCA 1975); and Independent Fire Ins. Co. v. Horn, 343 So. 2d 862 (Fla. 1st DCA 1976). The Permenter view, accepted at least in part by the cited cases, holds that incorr…
• Minn. Mut. Life Ins. Co. v. Candelore, 416 So. 2d 1149 (Fla. 5th DCA 1982)
  …her the insurance company would have found the true facts relevant or material in deciding whether or not to insure, or at what price. Garwood v. Equitable Life Assurance Society of the United States, 299 So. 2d 163 (Fla. 3d DCA 1974), cert. denied, 321 So. 2d 553 (Fla.1975). In this case the evidence was uncontradict-ed that the insurance company would have made inquiry about the office visits and it would have learned about Candelore’s quick on-set of sclerodactylia. Having learned that, the medical directo…

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Authorities Cited

• Garwood v. The Equitable Life Assurance Soc'y OF the United States, 299 So. 2d 163 (Fla. 3d DCA 1974)