Judges: WHITFIELD, P.J.
Attorneys: Knight, Adair, Cooper Osborne, and J. Henson Markham, for Petitioner;
Fred B. Noble, and S.S. Blondheim, for Respondent.
Filed: Mar. 24, 1937
Latest Update: Mar. 02, 2020
Summary: In an action brought by Alden D. Huckins in the Civil Court of Record for Duval County, Florida, against the New England Mutual Life Insurance Company, to recover $100.00 disability insurance payments for two months under an insurance policy agreeing to make *Page 542 such payments upon due proofs of the disability being made, the policy contains the following: "If the insured * * * becomes physically or mentally incapacitated to such an extent as to be wholly and permanently unable to engage in
Summary: In an action brought by Alden D. Huckins in the Civil Court of Record for Duval County, Florida, against the New England Mutual Life Insurance Company, to recover $100.00 disability insurance payments for two months under an insurance policy agreeing to make *Page 542 such payments upon due proofs of the disability being made, the policy contains the following: "If the insured * * * becomes physically or mentally incapacitated to such an extent as to be wholly and permanently unable to engage in ..
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If this case were before us on direct appeal from the trial court, I would be inclined to hold that the case should have been submitted to the jury under the principles laid down in the cases cited in the foregoing opinion, and also in the case of Gravette v. Turner, 77 Fla. 311, 81 So. 476. However, the question is a close one on this evidence, and I hardly think we would be justified in quashing the judgment of the Circuit Court, which in this instance was the appellate court.
