Olson v. Aetna Life Insurance Co.
Olson v. Aetna Life Insurance Co.
Opinion of the Court
The plaintiff appeals from a summary judgment in defendant’s favor, granted by the Civil Court of Record.
Appellant instituted this suit on an insurance policy which provided for certain benefits to be paid as a result of inability to perform his occupation resulting from sickness.
The defendant refused payment under the policy claiming that this injury was not a total disability. In support of this contention, the defendant submitted the affidavit of an ophthalmologist which stated that in his expert opinion this eye disorder should not disable plaintiff from performing the duties of an optician. Based thereon, the trial court granted the defendant’s motion for summary judgment. We can not agree with this ruling and reverse.
The ultimate factual question in this case is whether the insured was totally disabled from performing his duties as an optician. Under certain circumstances, the question of whether disability exists may be one of law, but more often this is a question of fact for determination by the jury.
We will not decide whether an expert’s opinion as to what should occur is entitled to less weight or more weight than that of a witness’ testimony as to what actually occurred, but we do decide that such a conflict should not be resolved by summary judgment.
Accordingly, the judgment appealed is reversed and remanded for proceedings consistent herewith.
Reversed and remanded.
. The insurance contract provided in pertinent part: “Aetna Life Insurance Company * * * hereby insures the person named * * * against loss resulting from sickness contracted and commencing while this policy is in force * *
* * * * *
“Total disability: * * * if such sickness shall wholly and continuously disable and prevent the insured from performing every duty pertaining to his occupation, * *
. Equitable Life Assur. Soc. of United States v. Wiggins, 115 Fla. 136, 155 So. 327 (1934).
. See Vihon v. McCormick, Fla.App.1958, 109 So.2d 400; Warring v. Winn-Dixie Stores, Fla. App.1958, 105 So.2d 915.
Reference
- Full Case Name
- L. V. OLSON v. AETNA LIFE INSURANCE COMPANY
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- 2 cases
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- Published