JEAN BERRY, APPELLANT,
v.
THE FIDELITY & CASUALTY COMPANY OF NEW YORK, A NEW YORK CORPORATION, APPELLEE
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The court held that the trial court correctly granted summary judgment because the stipulated facts indicated the disability was temporary, not permanent, as required by the policy.
Plaintiff sought disability insurance benefits for an injury. The parties stipulated that the plaintiff was temporarily and totally disabled for twelv…
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The appellant sought recovery for bodily injuries sustained in an accident which resulted in disability and for which she alleged the appellee had insured her. The pertinent portions of the policy provided for payment in the event of total and permanent disability continuing for a period of twelve consecutive months.1
The parties stipulated to certain essential facts.2 Upon this stipulation the court ren*340dered a summary judgment in favor of the appellee and this appeal followed.
The trial judge concluded as a matter of law that in view of that portion of the stipulation quoted in footnote 2, the appellant conceded that her injury was not total and permanent, but instead that she was temporarily and totally disabled for at least twelve consecutive months.
We conclude that the learned trial judge was correct and the summary judgment should be affirmed upon the authority of Cassens v. Metropolitan Life Ins. Co., 114 Fla. 659, 154 So. 522.
Affirmed.