Cuneo v. Peninsular Life Insurance

Supreme Court of Florida
Cuneo v. Peninsular Life Insurance, 197 So. 116 (Fla. 1940)
143 Fla. 492; 1940 Fla. LEXIS 1234
Terrell, Brown, Buford, Thomas, Whitfield, Chapman

Cuneo v. Peninsular Life Insurance

Opinion of the Court

This was an action' to recover disability benefits on an insurance policy. The jury returned a verdict for the full amount claimed and the Court granted a motion for new *493 trial on condition of remittitur which plaintiff declined to enter. The order granting the new trial became final and this writ of error was prosecuted.

The case turns on the question of when' the plaintiff became permanently disabled. This was a question of fact on which we have examined the record and briefs and we cannot say that the trial court committed error. His judgment is therefore affirmed.

Affirmed.

Terrell, C. J., Brown, Buford and Thomas, J. J., concur. Whitfield and Chapman, J. J., dissent.

Reference

Full Case Name
James Carroll Cuneo v. Peninsular Life Insurance Company
Status
Published