Judges: PER CURIAM.
Attorneys: Doggett, McCollum, Howell Doggett, for Plaintiff in Error;
George P. Garrett, for Defendant in Error.
Filed: Jan. 20, 1939
Latest Update: Mar. 02, 2020
Summary: This cause is here on writ of error to review a final judgment in behalf of plaintiff below entered by the Circuit Court of Orange County, Florida. Suit was brought to recover on the disability benefit clauses of policies numbered 6783608 and 6783609, issued by the New York Life Insurance Company on the life of James Kincaid on the part of the plaintiff as Executrix. These policies were before this Court in the case of New York Life Insurance Company v. Kincaid, and reported in 122 Fla. 283 , 16
Summary: This cause is here on writ of error to review a final judgment in behalf of plaintiff below entered by the Circuit Court of Orange County, Florida. Suit was brought to recover on the disability benefit clauses of policies numbered 6783608 and 6783609, issued by the New York Life Insurance Company on the life of James Kincaid on the part of the plaintiff as Executrix. These policies were before this Court in the case of New York Life Insurance Company v. Kincaid, and reported in 122 Fla. 283 , 165..
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The anniversary of the policy was June 13th each year. Insured was not entitled to disability benefits until one year after the anniversary date of the policy next succeeding the date of proof of disability.
Proof of disability occurred February 19th, 1931. Insured died on September 18th, 1931, which was three months and three days after the beginning of the period for which insured was entitled to disability benefit.
The question is, Could the executrix collect the proportion of the disability benefit which had accrued and had not been paid? I do not think this constituted an annuity
but a contract to pay a fixed sum per annum on account of disability.
BROWN, J., concurs.
