Walker v. Life Insurance Co. of North America

District Court of Appeal of Florida

Walker v. Life Insurance Co. of North America

359 So. 2d 471, 1978 Fla. App. LEXIS 16063

CourtDistrict Court of Appeal of Florida

DecidedApril 28, 1978

DocketNo. HH-117

StatusPublished

Cited by1 cases

This text of 359 So. 2d 471 (Walker v. Life Insurance Co. of North America) 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

Walker v. Life Insurance Co. of North America, 359 So. 2d 471, 1978 Fla. App. LEXIS 16063 (Fla. Ct. App. 1978).

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Opinion

SMITH, Judge.

Leon County Deputy Sheriff Ronny Walker was killed in a collision while driving his car home after completing his duty shift. His widow appeals here from an adverse summary judgment on her claim for benefits under a group life policy insuring Walker’s life against loss incurred while “engaged in the performance of prescribed duties as a law enforcement officer.” We find that although Walker was in uniform, armed, subject to call at all hours, and charged to initiate law enforcement activities on appropriate occasions while off duty, his state of readiness to perform prescribed law enforcement duties was not equivalent to being “engaged” in their performance. Police Comm’r of Baltimore City v. King, 219 Md.App. 127, 148 A.2d 562 (1959). See State ex rel. Moore v. Glassco, 347 Mo. 977, 149 S.W.2d 848 (1941); McColgan v. Bd. of Police Comm’rs, 130 Cal.App. 66, 19 P.2d 815 (1933). Compare Dillard v. City of Los Angeles, 20 Cal.2d 599, 127 P.2d 917 (1942).

AFFIRMED.

McCORD, C. J., and MELVIN, J., concur.

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SMITH, Judge.

Leon County Deputy Sheriff Ronny Walker was killed in a collision while driving his car home after completing his duty shift. His widow appeals here from an adverse summary judgment on her claim for benefits under a group life policy insuring Walker’s life against loss incurred while “engaged in the performance of prescribed duties as a law enforcement officer.” We find that although Walker was in uniform, armed, subject to call at all hours, and charged to initiate law enforcement activities on appropriate occasions while off duty, his state of readiness to perform prescribed law enforcement duties was not equivalent to being “engaged” in their performance. Police Comm’r of Baltimore City v. King, 219 Md.App. 127, 148 A.2d 562 (1959). See State ex rel. Moore v. Glassco, 347 Mo. 977, 149 S.W.2d 848 (1941); McColgan v. Bd. of Police Comm’rs, 130 Cal.App. 66, 19 P.2d 815 (1933). Compare Dillard v. City of Los Angeles, 20 Cal.2d 599, 127 P.2d 917 (1942).

AFFIRMED.

McCORD, C. J., and MELVIN, J., concur.

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359 So. 2d 471, 1978 Fla. App. LEXIS 16063, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-life-insurance-co-of-north-america-fladistctapp-1978.

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