JACK NAPOLI, JR., A DECEASED MINOR, BY AND THROUGH HIS PARENT AND LEGAL GUARDIAN, JACK NAPOLI, SR., APPELLANT,
v.
LIBERTY MUTUAL INSURANCE COMPANY, A FOREIGN CORP. AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA, APPELLEE
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The court reversed a directed verdict for an insurance company in a declaratory relief action concerning whether a deceased minor was a named insured under a life insurance policy. The court held that evidence of parental testimony and an endorsement stating 'add Jack Napoli, Jr.' was sufficient to survive a directed verdict and proceed to trial, even though the child's name did not appear on the policy itself.
The parental testimony and the insurance company's endorsement constituted sufficient prima facie evidence to support a claim for reformation of contract and to prevent a directed verdict. The case must be reversed and remanded for trial, where additional evidence may be presented on the question.
[1] A directed verdict should not be granted if the non-moving party presents prima facie evidence sufficient to support their allegations.
[2] In reviewing a motion for a directed verdict, all reasonable inferences from the evidence must be drawn in favor of the non-moving party.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“If a party presents evidence in support of its allegations that evidence is presumed to be true and every favorable conclusion or inference which can be reasonably and logically drawn from the evidence should be given to that party.”
Establishes the standard for evaluating whether evidence survives a directed verdict motion—all inferences must favor the non-moving party.
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Join FLexlaw to unlock all legal intelligenceJack Napoli, Jr., a minor, died. His parents held a life insurance policy with Liberty Mutual that provided death benefits only for those listed as 'N…
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DAUKSCH, Judge.
This is an appeal from a final judgment entered after a directed verdict was granted to the insurance company on a question of coverage.
In this action for declaratory relief the question is whether Jack Napoli, Jr. was a “named insured” on a policy which carried death benefits only for those persons who were listed in Item 1 of the policy as “Named Insured and Address.” It is undisputed the name Jack Napoli, Jr. does not appear on the policy but both the parents of this decedent testified they intended for him to be carried as a named insured and there is an endorsement of record which says “add Jack Napoli, Jr.” and his date of birth.
While the testimony of the parents and the insurance company’s endorsement do not conclusively prove Jack Napoli, Jr. was a named insured for death benefits coverage this evidence is sufficient prima facie to support the allegations in the count charging reformation of contract. The standard of proof in reformation of contracts cases is “clear and convincing” as was held in Allstate Insurance Company v. Vanater, 297 So. 2d 293 (Fla.1974). However this is not the standard which must be met for purposes of a directed verdict. If a party presents evidence in support of its allegations that evidence is presumed to be true and every favorable conclusion or inference which can be reasonably and logically drawn from the evidence should be given to that party. All questions and inferences must be resolved against the party moving for a directed verdict and for the other party. Memorial Park, Inc. v. Spinelli, 342 So. 2d 829 (Fla.2d DCA 1977). When the parents testified they called the company to add their son as a named insured and the company executed a change endorsement to “add son Jack Napoli, Jr. 2-2-54” it is logical and reasonable to conclude or infer Jack Napoli, Jr. was added as a named insured. Of course this might be proved otherwise by the evidence later presented but it is sufficient to prevent a directed verdict. The judgment is reversed and this cause remanded for new trial.
REVERSED AND REMANDED.
DOWNEY, C. J., and ANSTEAD, J., concur.
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Citator
Cited By
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Golden Door Jewelry Creations, Inc. v. Lloyds Underwriters, 748 F. Supp. 1529 (S.D. Fla. 1990)
Authorities Cited
- Allstate Ins. Co. v. Vanater, 297 So. 2d 293 (Fla. 1974)
- Mem'l Park, Inc. v. Spinelli, 342 So. 2d 829 (Fla. 2d DCA 1977)