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IN THE DISTRICT COURT OF APPEAL

FOR THE FIFTH DISTRICT, FLORIDA


NEIL J. GILLESPIE, ETC.,
Petitioner,

PETITION NO. 5D15-0341


L.T. 2013-CA-000115
42-2013-CA-000115-AXXX-XX
MARION COUNTY, FLORIDA

VS.
REVERSE MORTGAGE SOLUTIONS,
INC.,

Residential Home Foreclosure Case


Florida Homestead of Neil J. Gillespie

Respondent.
_______________________________________ /
Appendix Volume No. 15 (Rule 9.220, Fla. R. App. P.)
Volume 31, Insurance (Disability), Florida Jurisprudence 2d (2007)
31 Fla. Jur. 2d 2195, Generally; what constitutes "total disability"
31 Fla. Jur. 2d 2196, Occupational disability
31 Fla. Jur. 2d 2197, General Disability
31 Fla. Jur. 2d 2198, Specific injuries, loss, or afflictions
as total disability
31 Fla. Jur. 2d 2199, Continuity and permanence
Cumulative Supplement to Volume 31, issued February 2007
31 Fla. Jur. 2d 2191, Duty of insured to remove disability

2195

INSURANCE

his or her disability, should be under the regular care of a


physician; however, minor deviations (such as one or two
d'ays) from such minimum intervals are not sufficient to
bar recovery.5

In the absence of a policy stipulation to the contrary, the


treatment of the physician need not be at the insured's
home. 6
c.
2195

Total and Partial Disability

Generally; what constitutes "total disability"

Research References
West's Key Number Digest, Insurance CS=>2557 to 2562

Disability or accident insurance policies, or disability


clauses in life insurance policies, may properly restrict their
coverage to disability that is "total."1
"Total disability" is a relative term, depending upon the
character of insured's occupation. the capabilities of the
insured, and the circumstances of the particular case, 2 and
which must be determined in the context of a liberal
construction of the disability provision in order to protect the
policyholder. 3 However, that term does not require that the
insured be bedridden or reduced to complete helplessness. 4
5Mutual Ben. Health & Ace.
Ass'n v. Bunting, 133 Fla. 646, 183
So. 321 (1938).
6Mutual Ben. Health & Ace.
Ass'n v. Bunting, 133 Fla. 646, 183
So. 321 (1938).

[Section 2195]
1Am. Jur. 2d, Insurance 1474.
2Groff v. Paul Revere Life Ins.
Co., 887 F. Supp. 1515 (S.D. Fla.
1993), related reference, 887 F.
Supp. 1519 (S.D. Fla. 1994), related
reference, 85 F.3d 642 (11th Cir.
1996) and related reference, 85
F.3d 643 (11th Cir. 1996); Hazouri
v. Travelers Ins. Co., 192 So. 2d
296 (Fla. Dist. Ct. App. 3d Dist.
1966).

3New England Mut. Life Ins.


Co. v. Huckins, 127 Fla. 540, 173
So. 696 (1937); Lorber v. Aetna Life
Ins. Co., 207 So. 2d 305 (Fla. Dist.
Ct. App. 3d Dist. 1968).
4Equitable Life Assur. Soc. of
the U.S. v. Neill, 243 F.2d 193 (5th
Cir. 1957); Groff v. Paul Revere
Life Ins. Co., 887 F. Supp. 1515
(S.D. Fla. 1993), related reference,
887 F. Supp. 1519 (S.D. Fla. 1994),
related reference, 85 F.3d 642 (11th
Cir. 1996) and related reference, 85
F.3d 643 (11th Cir. 1996); New
York Life Ins. Co. v. Bird, 152 Fla.
532, 12 So. 2d 454 (1943); Grauer
v. Occidental Life Ins. Co. of
California, 363 So. 2d 583 (Fla.
Dist. Ct. App. 1st Dist. 1978).
355

2195

FLORIDA

JUR 2d

Whether one is totally disabled is ordinarily a question of


fact. 5
Disability provisions are generally of two types: an "oc
cupational disability" clause, which requires only that the
insured be unable to perform the duties of his or her partic

ular occupation in order to recover, and a "general disabili


ty" clause, which conditions the payment of benefits there
under on the insured's inability to perform the duties of any
occupation. 6
..
2196

Occupational disability

Research References
West's Key Number Digest, Insurance

~2543,

2561

A typical occupational disability provision requires that


the insured be unable to perform the duties pertaining to his
or her regular occupation. 1 In applying such a clause, the
court must look at the insured's occupation as a whole. 2 The
insured's disability will be considered total if it is such that
he or she is unable to do "substantially" all the "material"
acts which are usually required to be performed in the oc
5New York Life Ins. Co. v. Bird,
152 Fla. 532, 12 So. 2d 454 (1943).
6For general discussion of such
clauses, see 19566, 2197.
[Section 2196]
1See, for example, Groff v. Paul
Revere Life Ins. Co., 887 F. Supp.
1515 (S.D. Fla. 1993), related
reference, 887 F. Supp. 1519 (S.D.
Fla. 1994), related reference, 85
F.3d 642 (11th Cir. 1996) and re
lated reference, 85 F.3d 643 (11th
Cir. 1996).
2Sun Life Ins. Co. of America v.
Evans, 340 So. 2d 957 (Fla. Dist.
Ct. App. 3d Dist. 1976); Lorber v.
Aetna Life Ins. Co., 207 So. 2d 305
(Fla. Dist. Ct. App. 3d Dist. 1968).
Annotation References: What
constitutes total disability within
coverage of disability insurance

356

policy issued to lawyer, 6 A.L.R. 4th


422.
What constitutes permanent or
total disability within coverage of
insurance policy issued to physical
laborer or workman, 32 A.L.R. 3d
922.
What constitutes total or per
manent disability within the cover
age of disability insurance coverage
issued to farmer or agricultural
worker, 26 A.L.R. 3d 714.
What constitutes permanent or
total disability within coverage of
disability insurance policy issued to
one engaged in retail merchandis
ing, 23 A.L.R. 3d 773.
What constitutes total or per
manent disability within the mean
ing of insurance policy issued to
physician or dentist, 21 A.L.R. 3d
677.

INSURANCE

2196

cupation or profession or work in which he or she is engaged,3


in a customary and usual manner. 4 Thus, the "total disabili
ty" provisions were applicable to a physician who continued
his office practice by examining patients, supervising office
staff and making post-operative visits, but was unable to
perform unassisted major head and neck cancer surgery,
which previously constituted a major portion of his practice. 5
Total disability does not mean a state of helplessness 6 or
inability to do any part whatever of the occupation, or to
perform any work whatever for compensation,7 and the fact
that the insured performs, or is able to perform, some
inconsequential, trivial, or incidental duties connected with
his or her usual employment or occupation will not preclude
recovery.8 On the other hand, the mere inability to perform
one duty or operation required in the particular occupation
does not constitute total disability,9 unless the insured
obtained a modification of the policy entitling him to benefits
if he could not perform a specific aspect of his practice. 10
3Groff v. Paul Revere Life Ins.
Co., 887 F. Supp. 1515 (S.D. Fla.
1993), related reference, 887 F.
Supp. 1519 (S.D. Fla. 1994), related
reference, 85 F.3d 642 (11th Cir.
1996) and related reference, 85
F.3d 643 (11th Cir. 1996); Franklin
Life Ins. Co. v. Tharpe, 130 Fla.
546, 178 So. 300 (1938), reh'g
denied, 131 Fla. 213, 179 So. 406
(1938); Grauer v. Occidental Life
Ins. Co. of California, 363 So. 2d
583 (Fla. Dist. Ct. App. 1st Dist.
1978); Lorber v. Aetna Life Ins.
Co., 207 So. 2d 305 (Fla. Dist. Ct.
App. 3d Dist. 1968).
4Groff v. Paul Revere Life Ins.
Co., 887 F. Supp. 1515 (S.D. Fla.
1993), related reference, 887 F.
Supp. 1519 (S.D. Fla. 1994), related
reference, 85 F.3d 642 (11th Cir.
1996) and related reference, 85
F.3d 643 (11th Cir. 1996); Grauer
v. Occidental Life Ins. Co. of
California, 363 So. 2d 583 (Fla.
Dist. Ct. App. 1st Dist. 1978); Sun

Life Ins. Co. of America v. Evans,


340 So. 2d 957 (Fla. Dist. Ct. App.
3d Dist. 1976).
5Groff v. Paul Revere Life Ins.
Co., 887 F. Supp. 1515 (S.D. Fla.
1993), related reference, 887 F.
Supp. 1519 (S.D. Fla. 1994), related
reference, 85 F.3d 642 (11th Cir.
1996) and related reference, 85
F.3d 643 (11th Cir. 1996).
6 2195.
7New England Mut. Life Ins.
Co. v. Huckins, 127 Fla. 540, 173
So. 696 (1937).
8Lorber v. Aetna Life Ins. Co.,
207 So. 2d 305 (Fla. Dist. Ct. App.
3d Dist. 1968).
9Danzig v. Reliance Standard
Life Ins. Co., 668 F. Supp. 1551
(S.D. Fla. 1987) (postal worker).
1oRosenberg v. Guardian Life
fns. Co., 510 So. 2d 610, 12 Fla. L.
Weekly 1541 (Fla. Dist. Ct. App. 3d
Dist. 1987) (ophthalmologist unable
to perform surgery).
357

2196

FLORIDA

J UR 2d

Under an occupational disability policy defining total dis


ability as "your inability to engage in your occupation," the
term "your occupation" referred to specific work done by
insured at the time of injury, not to work requiring similar
skills and producing comparable income. 11 So, under such a
provision, insured who, before suffering a disabling knee
injury, had been working as a yacht salesman, was engaged
in the activity or business of selling yachts, notwithstanding
that he had worked at other sales jobs during the life of the
policy and had obtained employment as a freight-space sales
man for a trucking company after he began receiving benefits
under the policy.12
Observation: An occupational disability clause may

provide further that recovery may be had only if the

insured is not engaged in any other gainful occupation or

employment. 13

2197

General disability

Research References

West's Key Number Digest, Insurance

~2561(5)

A typical general disability clause requires that the


insured be unable to perform the material or substantial
duties of any occupation in which insured reasonably could
be expected to engage, 1 or prevented from engaging in any
occupation or performing any work for compensation of
financial value,2 or from performing any work, following any
occupation, or engaging in any business for remuneration or
11Berkshire Life Ins. Co. v.
Adelberg, 698 So. 2d 828, 22 Fla. L.
Weekly S513 (Fla. 1997); Strama v.
Union Fidelity Life Ins. Co., 793
So. 2d 1129, 26 Fla. L. Weekly
D2210 (Fla. Dist. Ct. App. 1st Dist.
2001).
12Berkshire Life Ins. Co. v.
Adelberg, 698 So. 2d 828, 22 Fla. L.
Weekly S513 (Fla. 1997).
13Grauer v. Occidental Life Ins.
Co. of California, 363 So. 2d 583
(Fla. Dist. Ct. App. 1st Dist. 1978).
358

Forms References: Defense


that plaintiff earned money during
period of alleged disability. Am.

Jur. Pleading and Practice Forms,

Insurance 1032.
[Section 2197]
1McCluney v. General American
Life Ins. Co., 1 F. Supp. 2d 1347
(M.D. Fla. 1998), aff'd, 162 F.3d
1178 (11th eire 1998).
2See, for example, Equitable
Life Assur. Soc. of the U.S. v. Neill,
243 F.2d 193 (5th eire 1957).

INSURANCE

2197

profit,3 or that the insured suffer any impairment of mind or


body that continuously renders it impossible for insured to
follow a gainful occupation. 4 Under such a clause, the insured
is totally disabled when his or her condition is such that he
or she is not able to perform the duties of any occupation for
which he or she is fitted or qualified by education, training,
or experience. 5 Thus, a travel and market consultant was
not totally disabled from an injury to his foot and back while
running, even though the injuries allegedly restricted his
travel and reduced his firm's income, where the consultant
continued to perform the duties of employment as owner of
the firm, continued to travel, and failed to show that his
business lost money due to his alleged disability, and the
policy defined "total disability" as an inability to perform
material and substantial duties of any occupation which
insured reasonably could be expected to engage in. 6
3See, for example, New York
Life Ins. Co. v. Bird, 152 Fla. 532,
12 So. 2d 454 (1943).
4See, for example, Mutual Life
Ins. Co. of New York v. Knight, 130
Fla. 733, 178 So. 898 (1937).
5Equitable Life Assur. Soc. of
the U.S. v. Neill, 243 F.2d 193 (5th
eire 1957); McCluney V. General
American Life Ins. Co., 1 F. Supp.
2d 1347 (M.D. Fla. 1998), aff'd, 162
F.3d 1178 (11th Cir. 1998); New
York Life Ins. Co. v. Bird, 152 Fla.
532, 12 So. 2d 454 (1943); Equita
ble Life Assur. Soc. of U.S. v.
McKeithan, 119 Fla. 486, 160 So.
883 (1935).
Annotation References: What
constitutes total disability within
coverage of disability insurance
policy issued to lawyer, 6 A.L.R. 4th
422.
What constitutes permanent or
total disability within coverage of
insurance policy issued to physical
laborer or workman, 32 A.L.R. 3d
922.

What constitutes total or per


manent disability within the cover
age of disability insurance coverage
issued to farmer or agricultural
worker, 26 A.L.R. 3d 714.
What constitutes permanent or
total disability within coverage of
disability insurance policy issued to
one engaged in retail merchandis
ing, 23 A.L.R. 3d 773.
What constitutes total or per
manent disability within the mean
ing of insurance policy issued to
physician or dentist, 21 A.L.R. 3d
677.
Insurance: "total disability" or
the like as referring to inability to
work in usual occupation or in other
occupations, 21 A.L.R. 3d 1155.
Trial Strategy References:
Unemployability as total disability.
Unemployability Of Insured Under
Disability Policy, 18 Am. Jur. Proof
of Facts 2d 407.
6McCluney v. General American
Life Ins. Co., 1 F. SUppa 2d 1347
(M.D. Fla. 1998), aff'd, 162 F.3d
1178 (11th Cir. 1998).
359

2197

FLORIDA

J UR 2d

Generally, an insured who continues or resumes working


subsequent to the commencement of the disability is
precluded from receiving total or permanent disability
benefits whenever he or she substantially performs the
important and material duties of his or her occupation. 7
However this rule is subject to many important exceptions.
Thus, recovery will not be precluded where the insured
makes an unsuccessful attempt to works or returns to a
reduced or relaxed workload, or where he or she participates
in merely trivial or minor activities. 9 Thus, an elderly dentist
did not terminate his period of total disability because of his
activities as a partner in a firm dealing in automatic laundry
equipment where the insured came to the office frequently
when he felt like it and performed a variety of odd jobs, but
two business trips attempted by him had terminated en route
because of his physical condition, he signed many checks
while at home in bed, he drew no salary or other compensa
tion, and had no specific duties to perform. 10
Even though a person who becomes wholly disabled from
engaging in his or her occupation may nevertheless follow
some gainful occupation after years of preparatory study and
mental training, until that end is accomplished and the
insured is receiving profits or remuneration from his or her
new vocation, the insurer is not justified in refusing monthly
benefit payments. 11
2198 Specific injuries, loss, or a1llictions as total

disability
Research References
West's Key Number Digest, Insurance
7S ee Am. Jur. 2d, Insurance
1479.
Annotation References: Con
tinuance or resumption of work as
affecting finding of total or perma
nent disability within insurance
coverage, 24 A.L.R. 3d 8.
sINA Life Ins. Co. of New York
v. Davis, 404 So. 2d 397 (Fla. Dist.
Ct. App. 5th Dist. 1981).
9Equitable Life Assur. Soc. of
360

~2561

the U.S. v. Neill, 243 F.2d 193 (5th


Cir. 1957), stating that the insured
is not required to remain completely
idle by confining his activities to his
home or the recreational pursuits
of elderly retired persons.
10Equitable Life Assur. Soc. of
the U.S. v. Neill, 243 F.2d 193 (5th
Cir. 1957).
11New York Life Ins. Co. v ..
Leeks, 122 Fla. 127, 165 So. 50
(1935).

2199

INSURANCE

Generally, when the term "total disability" is used in a


contract of insurance without any limitation whatever, ei

ther as to the duration of the disability or as to the cause


from which it should arise, it may refer to temporary or per
manent total disability arising from various causes, includ
ing mental incapacity (which mayor may not render the
insured wholly or totally disabled) or disease,1 or physical
sickness or disorder 2 such as arthritis or diabetes, 3 loss or
impairment of vision4 or hearing,5 or a circulatory disorders
such as clotting of veins in the legs, diminished blood supply
in the lower extremities, phlebitis with production of emboli,
and blood clots, with danger of occlusions in the heart, lungs,
or extremities. 6
2199

Continuity and permanence

Research References
West's Key Number Digest, Insurance

~2560

to 2562

A policy may include the element of continuity, and


undertake to insure only for loss resulting from bodily
injuries that wholly and "continuously" disable the insured.
In this context, the word "continuously" means regularly,
protracted, enduring, and without any substantial interrup
[Section 2198]
1Clarkson v. New York Life Ins.
Co., 4 F. Supp. 791 (S.D. Fla. 1933).
Annotation References: Men
tal incapacity or disease as consti
tuting total or permanent disability
within insurance coverage, 22
A.L.R. 3d 1000.

2Annotation

References:

Back injury or condition as consti


tuting total or permanent disability
within insurance coverage, 23
A.L.R. 3d 1108.
3Pacific Mut. Life Ins. Co. of
Cal. v. McCaskill, 126 Fla. 82, 170
So. 579 (1936).
4New York Life Ins. Co. v. Bird,
152 Fla. 532, 12 So. 2d 454 (1943)

(insured who suffered from cata


racts in both eyes was totally dis
abled even though he was able to
use his vision to walk and to recog
nize members of his family and
friends, and to look at the headlines
in the newspaper and to use a type
writer for a few minutes).
5Am. Jur. 2d, Insurance 1483.
6Equitable Life Assur. Soc. of
the U.S. v. Neill, 243 F.2d 193 (5th
Cir. 1957).

Annotation

References:

Heart or vascular condition as con


stituting total or permanent dis
ability within insurance coverage,
21 A.L.R. 3d 1383.
361

2199

FLORIDA

J UR 2d

tion of sequence. 1 Where the policy language is unambigu


ous, a finding that there was a period following an employee's
injury during which he was not disabled precludes recovery
under a policy requiring continuity of injury.2
Where a policy provides for the payment of the compensa
tion for permanent disability, and then stipulates that such
payments will be made only during the continuance of the
disability, the insured is entitled to recover if the nature of
the injury renders it reasonable to suppose that he will be
permanently disabled. 3 If it turns out that, contrary to
expectation, the disablement was not permanent, then pay
ments cease. 4
Under a policy requiring that total disability must have
existed continuously for at least a specified period, the
presumption of permanency attaches to a proved total dis
ability after it has existed continuously for such time,5 even
if the cause of the disability is no longer the same as what it
was when first incurred. 6 But if the insured is totally dis
abled for a time but not totally disabled within the policy
definition following the lapse of the prescribed period, his
recovery is limited to whatever the contracts provides for in
the case of temporary total disability.7
[Section 2199]
lAm. Jur. 2d, Insurance 1487.
2Skinner v. Continental Cas.
Co., 268 So. 2d 576 (Fla. Dist. Ct.
App. 2d Dist. 1972).
3Equitable Life Assur. Soc. of
U.S. v. Wiggins, 115 Fla. 136, 155

So. 327 (1934); Cassens v. Metro


politan Life Ins. Co., 114 Fla. 659,
154 So. 522 (1934).
Where total disability was not
of such nature as to indicate or sug
gest that it was or would be perma
nent, insured was not entitled to
recover. Berry v. Fidelity & Cas.
Co. of New York, 163 So. 2d 339
(Fla. Dist. Ct. App. 3d Dist. 1964).
Forms References: Answer-

362

Defense that plaintiff is no longer


totally disabled. Am. Jur. Pleading
and Practice Forms, Insurance
1031.
4Cassens v. Metropolitan Life
Ins. Co., 114 Fla. 659, 154 So. 522
(1934).
5Equitable Life Assur. Soc. of

U.S. v. McKeithan, 119 Fla. 486,

160 So. 883 (1935).

6Mutual Life Ins. Co. of New


York v. Knight, 130 Fla. 733, 178
So. 898 (1937).
7S uggs v. Occidental Life Ins.
Co. of N. C., 256 So. 2d 243 (Fla.
Dist. Ct. App. 3d Dist. 1972) (in
sured received indemnity for desig
nated 24-month period).

2290

INSURANCE

5.

Extent of Injury or Disability

Total and Partial Disability


2195 Generally; what

constitutes "total

disability"

c.

Cases
Under Florida law, letter from disabil
ity insurer's chief underwriting officer
to insure<;l physician clarifying, at in
sured's request, that insured's "regular
occupation" was invasive and interven
tional cardiology, not cardiolog.y as
insurer originally had stated, was
bargained-for modification of total dis
ability insurance policy, and thus was
controlling, for for purposes of policy's
definition of disability as "[inability] . . .
to engage in [insured's] regular occupa
tion or profession." Kraft v. Massachu
setts Cas. Ins. Co., 320 F. Supp. 2d 1234
(N.D. Fla. 2004).
I

2196 Occupational disability


Cases
Insured under a disability insurance
policy was regularly engaged in an oc
cupation at the time of his disability
and, thus, could fit the policy's ~efini
tion of total disability, even though
insured was not actively employed at
time of his disability, and had not
worked in over 18 months due to the
injury; policy language did not require
insured to be actively employed. McPhee
v. The Paul Revere Life Ins. Co., 883 So.
2d 364 (Fla. Dist. Ct. App. 4th Dist.
2004).

C.

COVERAGE AND

EXCLUSIONS REQUIRED,

PERMITrED, AND PROHIBITED


BY STATUTE

2.
a.

Health Insurance

Generally Applicable Provisions

(5) Other Conditions, Treatments


and Procedures
2238 Out-or-hospital benefits
. Laws and Rules
Fla. Stat. 456.053, as amended in
2002, redefines the term "referral" by

revising the list of practices that do not


constitute a referral by a health care
provider to include a provider whose
principal professional practice consists
of treating patients in their private
residences.

b. Group, Blanket, and Franchise


Health Insurance
(1) In General
2248 Applicability of

provisions governing
health insurance, in
general
Laws and Rules
Fla. Stat. 627.4302, as added in
2002, provides that any health insurer
or health maintenance organization and
all state and local government entities
entering into an agreement to provide
coverage for prescription drugs on an
outpatient basis shall provide a benefits
identification card containing specified
information.

(4) Other Conditions, Treatments


and Procedures
2275 Treatment of mental and

nervous disorders
Laws and Rules
627.6685, Fla. Stat. was repealed in
2005.

d. Policies Issued Under


Employee Health Care Access Act
(1) In General
2290 Generally
Laws and Rules
627.6699, Fla. Stat., as amended in
2005, provides that this section applies
to a health benefit plan for employees of
a small employer, unless the coverage is
marketed directly to the employee and
the employer does not directly or indi
rectly cOlltribute to premiums or facili
tate administration of the coverage. Ad
ditionally, an employer must offer a
high-deductible plan that meets the
requirements of a health savings ac
count plan or health reimbursement
account.

2190

FLORIDA

J UR 2d

that it does not cover "injuries of which there is no visible


contusion or wound on the exterior of the body of the insured
causing the death" where the body of the insureq is found
floating in water and there are no visible marks or abrasions
on the exterior of his body. 2

2191

Duty of insured to remove disability

Research References
West's Key Number Digest, Insurance

~2564,

2565

An insured who is suffering from a disability is under a


duty to avail himself or herself of all reasonable means and
remedies to remove such disability.1 Thus, an osteopath with
a skin condition on his hands, diagnosed as infectious
eczematoid dermatitis, was denied benefits for total disabil
ity where he made no effort to have his condition treated by
a dermatologist until after filing his claim of disability, which
was several years after the onset of the condition, having
previously prescribed and administered his own treatment,
which consisted mostly of trying out free samples sent to
him by pharmaceutical companies; and where there was no
evidence that with a proper diagnosis and regimen the condi
tion would not yield to treatment. 2
If, however, there is a difference of opinion among doctors
about the cause of the disability, benefits may not be with
held because of the party's failure to follow the medical
advice of the insurer's doctor. 3
'lVoelker v. Combined Ins. Co. of
America, 73 So. 2d 403 (Fla. 1954),
in which recovery was denied where
the insured's body was found float
ing in a canal near his wrecked
automobile.
Annotation References: Life
or accident insurance: Sufficiency of
showing that death from drowning
was due to accident or accidental
means, 43 A.L.R. 3d 1168.
[Section 2191]
1Mutual Life Ins. Co. of N. Y. v.
352

Ellison, 223 F.2d 686 (5th Cir.


1955); Mutual Life Ins. Co. of New
York v. Knight, 130 Fla. 733, 178
So. 898 (1937).
2Mutual Life Ins. Co. of N. Y. v.
Ellison, 223 F.2d 686 (5th Cir.
1955).
3Mutual Life Ins. Co. of New
York v. Knight, 130 Fla. 733, 178
So. 898 (1937).

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