Bradshaw v. American States Life Insurance Co.

District Court of Appeal of Florida

Bradshaw v. American States Life Insurance Co.

384 So. 2d 217, 1980 Fla. App. LEXIS 16213

CourtDistrict Court of Appeal of Florida

DecidedMay 21, 1980

DocketNo. 79-851

StatusPublished

Cited by1 cases

This text of 384 So. 2d 217 (Bradshaw v. American States Life Insurance Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bradshaw v. American States Life Insurance Co., 384 So. 2d 217, 1980 Fla. App. LEXIS 16213 (Fla. Ct. App. 1980).

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Opinion

PER CURIAM.

Although there is some question as to the propriety of submitting this case to a jury when the essential facts were undisputed and the case required only a construction of conflicting provisions in an application and policy of life insurance, we believe that the jury’s resolution of the issue was proper and that the trial court abused its discretion in ordering a new trial. Carolina Life Insurance Company v. DuPont, 141 So.2d 624 (Fla. 1st DCA 1962). Accordingly, this cause is hereby reversed with directions that the jury verdict be reinstated and judgment entered thereon.

ANSTEAD, BERANEK and HERSEY, JJ., concur.

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PER CURIAM.

Although there is some question as to the propriety of submitting this case to a jury when the essential facts were undisputed and the case required only a construction of conflicting provisions in an application and policy of life insurance, we believe that the jury’s resolution of the issue was proper and that the trial court abused its discretion in ordering a new trial. Carolina Life Insurance Company v. DuPont, 141 So.2d 624 (Fla. 1st DCA 1962). Accordingly, this cause is hereby reversed with directions that the jury verdict be reinstated and judgment entered thereon.

ANSTEAD, BERANEK and HERSEY, JJ., concur.

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Bluebook (online)

384 So. 2d 217, 1980 Fla. App. LEXIS 16213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradshaw-v-american-states-life-insurance-co-fladistctapp-1980.

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