JAMES CARROLL CUNEO
v.
PENINSULAR LIFE INSURANCE COMPANY

Fla. | 1940-06-11
Terrell, C. J., Brown, Buford and Thomas, J. J., concur., Whitfield and Chapman, J. J., dissent.
143 Fla. 492 Florida Supreme Court (1940) Positive Treatment
Also reported at: 197 So. 116
Cited by 2 cases
Opinion of the Court

This was an action' to recover disability benefits on an insurance policy. The jury returned a verdict for the full amount claimed and the Court granted a motion for new *493trial on condition of remittitur which plaintiff declined to enter. The order granting the new trial became final and this writ of error was prosecuted.

The case turns on the question of when' the plaintiff became permanently disabled. This was a question of fact on which we have examined the record and briefs and we cannot say that the trial court committed error. His judgment is therefore affirmed.

Affirmed.

Terrell, C. J., Brown, Buford and Thomas, J. J., concur.

Whitfield and Chapman, J. J., dissent.

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