MARY LEE TIPPER, A MINOR, BY AND THROUGH HER FATHER AND NEXT FRIEND, LOUIS P. TIPPER, AND LOUIS P. TIPPER, INDIVIDUALLY, APPELLANTS,

v.

RIVERTON TOWER, INC., A FLORIDA CORPORATION, APPELLEE

Citator

Cited By (14 total)

• SUN Life Ins. Co. OF Am. v. Evans, 340 So. 2d 957 (Fla. 3d DCA 1976)
  …tional duties; total disability does not mean absolute helplessness, but contemplates a disability to perform all the substantial and material acts necessary to his usual occupation in a customary and usual manner. Lorber v. Aetna Insurance Company, 207 So. 2d 305 (Fla.3rd DCA 1968). Based on the circumstances of this case, in the context of the applicable rules of law, we reverse both the final judgment on the directed verdict, and the order awarding attorneys fees and costs, and remand the cause to the tri…
• Grauer v. Occidental Life Ins. Co. of Cal., 363 So. 2d 583 (Fla. 1st DCA 1978)
  …eted to mean that an insured may recover permanent disability benefits if he is unable to perform his material duties pertaining to his usual and customary occupation in sub [*586] stantially the same manner as before. Lorber v. Aetna Life Ins. Co., 207 So. 2d 305 (Fla. 3d DCA 1968). Clauses which so define total disability do not mean absolute helplessness, but contemplate a disability to perform all substantial and material acts necessary to one’s usual occupation in the customary and usual manner. Lorber v…
• Lopez v. Isidore Cohen and Miriam Cohen, 406 So. 2d 1253 (Fla. 4th DCA 1981)
  …975). It was also argued that the trial court erred in allowing an answer from a medical witness that was beyond his competency and which invaded the province of the jury as the ultimate trier of fact, citing Lorber v. Aetna Life Insurance Company, 207 So. 2d 305 (Fla. 3rd DCA 1968). Mentioned in Lorber, though, as being contra to the rule that physicians should not be able to state an opinion as to whether there was a total disability under a policy because that was the basic question before the trier of fa…

Authorities Cited

• Seymour Stone v. Hotel Seville, Inc., 104 So. 2d 847 (Fla. 3d DCA 1958)