NORTON KLOTZ, ET AL., APPELLANTS,
v.
ANTHEM LIFE INSURANCE COMPANY, APPELLEE
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SCHWARTZ, Chief Judge.
It is at least reasonably arguable — and probably clear — that a person registered at an educational institution who is on a medical leave of absence and not attending classes is “enrolled as [a] full-time student ...” [emphasis supplied] under a group insurance policy. Applying the familiar rules about interpreting insurance contracts, Stuyvesant Ins. Co. v. Butler, 314 So. 2d 567 (Fla.1975), especially that every expression must be given meaning, Supreme Intemat’l Corp. v. Home Ins. Co., 428 So. 2d 295 (Fla.3d DCA 1983), the summary judgment entered below for the carrier is reversed with directions to enter one for the appellant-insured. Compare Blue Cross & Blue Shield of Fla., Inc. v. Cassady, 496 So. 2d 875, 876 (Fla. 4th DCA 1986) (interpreting exception which applies “if such child is in full time attendance at an accredited college”).
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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The Pub. Health Tr. OF Dade Cnty. v. State, 605 So. 2d 1007 (Fla. 3d DCA 1992)…. denied, 388 So. 2d 1118 (Fla.1980). Furthermore, this court has recently held that a person registered at an educational institution who is on a medical leave of absence is “enrolled as a full-time student.” Klotz v. Anthem Life Insurance Company, 601 So. 2d 593 (Fla. 3d DCA 1992). In this case, the term “regularly attending” is not defined in the Florida Administrative Code. As a result, an ambiguity exists concerning whether Goins was “regularly attending” school at the time of the accident. This ambigui…
Authorities Cited
- Stuyvesant Ins. Co. v. Alphonso Butler, 314 So. 2d 567 (Fla. 1975)
- Blue Cross & Blue Shield OF Fla., Inc. v. Cassady, 496 So. 2d 875 (Fla. 4th DCA 1986)
- Hewitt v. Waite, 428 So. 2d 295 (Fla. 3d DCA 1983)