NOLA B. SCOTT, A WIDOW, APPELLANT,
v.
GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORPORATION, LTD., A FOREIGN CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA, APPELLEE
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The appellate court affirmed a lower court's decision, holding that the plaintiff was not entitled to recover for total disability under an insurance policy because she was able to perform a substantial portion of her regular duties and worked daily, despite her injury.
No, the trial court did not err. The plaintiff's ability to work approximately five hours each day at her usual employment and perform a large portion of her regular duties during the period in question precluded her from being considered totally disabled under the policy's terms.
“It appears without conflict that the appellant worked approximately five hours each day at her usual and regular employment during all of the period in question.”
Establishes the factual basis for the court's decision regarding the plaintiff's work activity.
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Join FLexlaw to unlock all legal intelligenceThe appellant, Nola B. Scott, sued the appellee, General Accident Fire and Life Assurance Corporation, Ltd., on an insurance policy. The trial court e…
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The appellant was the plaintiff in an action brought upon an insurance policy issued to her by the appellee, General Accident Fire and Life Assurance Corporation, Ltd. A summary final judgment was entered for the plaintiff which allowed recovery under certain terms of the policy, and for only one week’s total disability.
It is appellant’s contention that the court erred in limiting her recovery for total disability to one week when there was a conflict as to the factual basis for such recovery under that portion of the policy which provided compensation for total disability. Our examination of the record does not substantiate this contention. It appears without conflict that the appellant worked approximately five hours each day at her usual and regular employment during all of the period in question. It further appears that during this time she was able to perform a large portion of her regular duties. It is our conclusion that the judgment must be affirmed, upon the definition of total disability as adopted by the Florida Supreme *533Court in Equitable Life Assur. Soc. of United States v. McKeithan, 119 Fla. 486, 160 So. 883, 884, and Franklin Life Ins. Co. v. Tharpe, 130 Fla. 546, 178 So. 300, 303.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Stanley Rosenberg, M.D. v. Guardian Life Ins. Co., 510 So. 2d 610 (Fla. 3d DCA 1987)…work in which the insured is engaged”); Sun Life Insurance Company of America v. Evans, 340 So. 2d 957 (Fla. 3d DCA 1976); Lorber v. Aetna Life Insurance Co., 207 So. 2d 305 (Fla. 3d DCA 1968); Scott v. General Accident Fire & Life Assurance Corp., 158 So. 2d 532 (Fla. 3d DCA 1963), Rosenberg was not totally disabled and not entitled to commensurate benefits. However, it is clear that in 1982, well before the onset of any disability, Guardian, through its agent, modified the existing policy when it assured R…
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Hazouri v. Travelers Ins. Co., 192 So. 2d 296 (Fla. 3d DCA 1966)…inated her employment.2 Therefore, the decree appealed is affirmed. Affirmed. . Equitable Life Assur. Soc. of United States v. Wiggins, 115 Fla. 136, 155 So. 327 (1934). . Scott v. General Accident Fire and Life Assur. Corp., Ltd., Fla.App.1963, 158 So. 2d 532.…
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Kraft v. Mass. Cas. Ins., 320 F. Supp. 2d 1234 (N.D. Fla. 2004)…he insured is engaged”); Sun Life Insurance Company of America v. Evans, 340 So.2d 957 (Fla. 3d DCA 1976); Lorber v. Aetna Life Insurance Co., 207 So.2d 305 (Fla. 3d DCA 1968); Scott v. General Accident Fire & Life Assurance Corp., 158 So.2d 532 (Fla. 3d DCA 1963), Rosenberg was not totally disabled and not entitled to commensurate benefits. However, it is clear that in 1982, well before the onset of any disability, Guardian, through its agent, modified the existing policy when it assured R…
Authorities Cited
- The Franklin Life Ins. Co. v. Tharpe, 130 Fla. 546 (Fla. 1938)
- The Equitable Life Assurance Soc'y of the United States v. McKeithan, 119 Fla. 486 (Fla. 1935)