THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, APPELLANT,
v.
FLORENCE BORAKS, APPELLEE
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The appellate court affirmed the trial court's judgment awarding the insured's widow $50,000 on a life insurance policy, finding substantial competent evidence supported the trial court's factual findings on the coverage amount dispute.
A trial court's factual findings regarding insurance coverage and credibility determinations are affirmed when substantial competent evidence supports the conclusions.
Appellee's husband held a life insurance policy with appellant insurer. A dispute arose over the amount of coverage, and the trial court awarded appel…
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Appellant insurer seeks review of an adverse final judgment based on*a non-jury trial awarding appellee $50,000 allegedly due her on a life insurance policy of her husband, and an adverse finding on appellant’s counter-claim for an amount paid on the policy that was allegedly an overage. This action arose out of a conflict as to the amount of insurance coverage carried by appellee’s decedent.
A recitation of the facts herein involved is not necessary to a determination of this cause. It is well established that the trial judge, sitting as the trier of fact, has the responsibility of determining the weight, credibility and sufficiency of the evidence, and that these findings come to this court on appeal clothed with a presumption of correctness and will not be disturbed unless it is shown that there is a total lack of substantial evidence to support those conclusions. See Benedict v. Dade County Realty, Inc., Fla.App.1973, 274 So.2d 553, opinion filed March 13, 1973, and the cases cited therein.
Our review of the record on appeal convinces us that there appears substantial competent evidence therein to support the trial court’s conclusions and that the *247judgment is fully supported in law and fact.
No reversible error having been made to appear, the judgment appealed is affirmed.
Affirmed.
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Cary Colvin v. State, 311 So. 2d 366 (Fla. 1975)…ponholtz v. Sponholtz, 190 So. 2d 572 (Fla.1966). . Cohen v. Mohawk, Inc., 137 So. 2d 222 (Fla.1962); Picchi v. Picchi, 100 So. 2d 627 (Fla. 1958); Johnson v. Roberts, 79 So. 2d 425 (Fla.1955); Equitable Life Assur. Soc. of United States v. Boraks, 276 So. 2d 246 (Fla.App.3d 1973); Kirk v. Thompson, 221 So. 2d 168 (Fla.App.1st 1969); Lazar v. Orr, 207 So. 2d 23 (Ma.App.3d 1968); Marucci v. Linder, 177 So. 2d 237 (Fla.App.2d 1965); Fla.Digest, App. & Err., § 931(1).…
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Mergi v. Romana, 604 So. 2d 863 (Fla. 3d DCA 1992)…PER CURIAM. Affirmed. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979); see Equitable Life Assurance Soc’y v. Boraks, 276 So. 2d 246 (Fla. 3d DCA1973).…
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La Rossa v. Glynn, 302 So. 2d 467 (Fla. 3d DCA 1974)…. 1973, 274 So. 2d 553; Jovanovich v. Aero-Tech, Inc., Fla.App. 1973, 277 So. 2d 555; Imperial Lumber Company, Inc., v. James Knowles, Inc., Fla.App. 1972, 267 So. 2d 53. In Equitable Life Assurance Society of United States v. Boraks, Fla.App. 1973, 276 So. 2d 246, this court stated at page 246: “It is well established that the trial judge, sitting as the trier of fact, has the responsibility of determining the weight, credibility and sufficiency of the evidence, and that these findings come to this court on…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Benedict v. Dade Cnty. Realty, Inc., 274 So. 2d 553 (Fla. 3d DCA 1973)