BERRY v. FIDELITY & CASUALTY CO. OF NEW YORK

No. 63-654.

163 So.2d 339 (1964)

Jean BERRY, Appellant, v. The FIDELITY & CASUALTY COMPANY OF NEW YORK, a New York corporation, Appellee.

District Court of Appeal of Florida. Third District.

April 28, 1964.


Attorney(s) appearing for the Case

Richard M. Harris, Sinclair & Barfield, Paul A. Louis, Fay L. Becker, Bertha Claire Lee, Richard L. Zapf, Miami, for appellant.

Walton, Lantaff, Schroeder, Atkins, Carson & Wahl, Richard J. Thornton and John H. Wahl, Jr., Miami, for appellee.

Before CARROLL, HORTON and HENDRY, JJ.


HORTON, Judge.

The appellant sought recovery for bodily injuries sustained in an accident which resulted in disability and for which she alleged the appellee had insured her. The pertinent portions of the policy provided for payment in the event of total and permanent disability continuing for a period of twelve consecutive months.1

The parties stipulated to certain essential facts.2 Upon this stipulation...

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