Massachusetts Casualty Insurance Company, a Massachusetts Corporation v. Kenneth B. Forman

522 F.2d 1383

Opinion

PER CURIAM:

Neither Continental Casualty Co. v. Gold, 194 So.2d 272 (Fla., 1967), nor Con tinental Casualty Co. v. Fooden, 293 So.2d 758 (Fla.App., 1974), requires that we affirm the trial court. In neither of those cases was there evidence, such as there is in the present case, that before the effective date of the policy the insured’s condition, by reason of its disabling consequences, was a “sickness” as opposed to a mere “symptom” or a “disease.”

The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12), the Petition for Rehearing En Banc is denied.