Florida District Courts of Appeal, 1986

Purifoy v. Illinois Mutual Life & Casualty Co.

Purifoy v. Illinois Mutual Life & Casualty Co.
Florida District Courts of Appeal · Decided October 14, 1986 · Booth, Ginton, Shivers, Wig
495 So. 2d 900; 11 Fla. L. Weekly 2152; 1986 Fla. App. LEXIS 10095 (Southern Reporter, Second Series)

Purifoy v. Illinois Mutual Life & Casualty Co.

Opinion of the Court

PER CURIAM.

This cause is before us on appeal from the order below granting summary judgment to the insurer under a disability benefit policy, which policy purports to allow a setoff for benefits paid the employee under the Veterans Benefit Act, thereby reducing benefits payable under the policy. Although the provision made in the policy for a setoff of these particular benefits is ambiguous, that point was expressly not argued in the trial court and is not an issue on appeal here. Therefore, on consideration of the briefs and record before us, the judgment below is affirmed.

BOOTH, C.J., and SHIVERS and WIG-GINTON, JJ., concur.

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