THE CONTINENTAL INSURANCE COMPANY, APPELLANT,
v.
MARIE LEVINSON, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court affirmed judgment for insured under accident policy, holding that whether an insured suffered total permanent disability is a question of fact, not law, to be determined by the trial court.
Whether an insured has suffered total permanent disability under an accident policy is a question of fact for the trial court to determine, not a question of law.
[1] Whether an insured has satisfied the definition of permanent total disability under an accident policy is a question of fact for the trial court, not a question of law fo…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“COVERAGE B — PERMANENT TOTAL DISABILITY means such disability commencing within 180 days from the date of accident and continuing for twelve consecutive months, which shall prevent the Insured from engaging in any occupation or employment for which he is fitted by reason of education, training and experience for the remainder of his life.”
Policy language defining permanent total disability coverage
An insured filed a claim under an accident policy for total permanent disability. The policy defined permanent total disability as disability commenci…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Question Of Law Vs. Question Of Fact cases and more on FLexlaw
PER CURIAM.
By this appeal, the defendant in the trial court questions the correctness of a final judgment entered by the trial court, sitting as the trier of the fact, in an action to recover under an accident policy.
The critical issue involved was whether or not the plaintiff had been involved in an accident resulting in total permanent disability. The following provision is found in the policy:
* * * * * *
“COVERAGE B — PERMANENT TOTAL DISABILITY means such disability commencing within 180 days from the date of accident and continuing for twelve consecutive months, which shall prevent the Insured from engaging in any occupation or employment for which he is fitted by reason of education, training and experience for the remainder of his life.”
* * * * * *
Counsel for the appellant urges that this determination is a question of law and not one of fact. We disagree.
It is a question of fact to be determined under proper pleadings, and not of law. Equitable Life Assurance Society of the United States v. Wiggins, 115 Fla. 136, 155 So. 327 (1934); New York Life Insurance Co. v. Lecks, 122 Fla. 127, 165 So. 50 (1936); Old Equity Life Insurance Company v. Levenson, 177 So. 2d 50 (Fla. 3rd D.C.A. 1965); Hartnett v. Southern Insurance Company, 181 So. 2d 524 (Fla.1965); Federated Department Stores, Inc. v. Planes, 305 So. 2d 248 (3rd D.C.A. 1974).
The trier of fact having found that the claimant was permanently disabled under the terms of the policy, the final judgment here under review be and the same is hereby affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- OLD Equity Life Ins. Co. v. Franklyn Levenson, 177 So. 2d 50 (Fla. 3d DCA 1965)
- Hartnett v. S. Ins. Co., 181 So. 2d 524 (Fla. 1965)
- N.Y. Life Ins. Co. v. Lecks, 122 Fla. 127 (Fla. 1935)
- Equitable Life Assurance Soc'y of the United States v. Wiggins, 115 Fla. 136 (Fla. 1934)
- Federated Dep't Stores, Inc. v. Planes, 305 So. 2d 248 (Fla. 3d DCA 1974)