Cuneo v. Peninsular Life Insurance

Supreme Court of Florida

Cuneo v. Peninsular Life Insurance

197 So. 116, 143 Fla. 492, 1940 Fla. LEXIS 1234

DecidedJune 11, 1940

StatusPublished

This text of 197 So. 116 (Cuneo v. Peninsular Life Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cuneo v. Peninsular Life Insurance, 197 So. 116, 143 Fla. 492, 1940 Fla. LEXIS 1234 (Fla. 1940).

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Opinion

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.

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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.

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Bluebook (online)

197 So. 116, 143 Fla. 492, 1940 Fla. LEXIS 1234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cuneo-v-peninsular-life-insurance-fla-1940.