Peters v. American Home Assurance Co.

District Court of Appeal of Florida

Peters v. American Home Assurance Co.

302 So. 2d 769, 1974 Fla. App. LEXIS 8471

District Court of Appeal of Florida·Decided October 30, 1974·No. No. 74-197·Published

Opinion

PER CURIAM.

The sole issue in this case is whether the decedent was a “salaried employee” of Career Enterprises, Inc. at the time of his death so as to qualify for coverage under a policy insuring against accidental death. Conflicting inferences may be [770] drawn from the facts established by the record with respect to whether the decedent’s status as a salaried employee of Career was terminated when he began working with one of Career’s franchised companies shortly before he died in an airplane accident. Therefore, appellee was not entitled to a summary judgment. Jenkins v. Brackin, Fla.App.2d, 1965, 171 So.2d 589.

Reversed.

BOARDMAN, Acting C. J., GRIMES, J., and SCHWARTZ, ALAN R., Associate Judge, concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The sole issue in this case is whether the decedent was a “salaried employee” of Career Enterprises, Inc. at the time of his death so as to qualify for coverage under a policy insuring against accidental death. Conflicting inferences may be [770] drawn from the facts established by the record with respect to whether the decedent’s status as a salaried employee of Career was terminated when he began working with one of Career’s franchised companies shortly before he died in an airplane accident. Therefore, appellee was not entitled to a summary judgment. Jenkins v. Brackin, Fla.App.2d, 1965, 171 So.2d 589.

Reversed.

BOARDMAN, Acting C. J., GRIMES, J., and SCHWARTZ, ALAN R., Associate Judge, concur.

Peters v. American Home Assurance Co., 302 So. 2d 769, 1974 Fla. App. LEXIS 8471 (Fla. Ct. App. 1974).

Pincite

302 So. 2d 769 (Peters v. American Home Assurance Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related