CONTINENTAL CASUALTY CO. v. FOODEN

No. 73-713.

293 So.2d 758 (1974)

CONTINENTAL CASUALTY COMPANY, a Foreign Corporation, Appellant, v. Harry J. FOODEN, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 21, 1974.


Attorney(s) appearing for the Case

Fowler, White, Humkey, Burnett, Hurley & Banick and A. Blackwell Stieglitz, Miami, for appellant.

Henry, Stroemer & Harrington and Robert E. Brandt, Miami, for appellee.

Before CARROLL, HENDRY and HAVERFIELD, JJ.


HENDRY, Judge.

This is an appeal by Continental Casualty Company from an adverse final judgment on a disability insurance contract.

Plaintiff, Harry J. Fooden, sued Continental to recover benefits under a policy issued by the latter on December 4, 1969. The plaintiff claimed a total disability resulting from surgery to correct an insufficiency of the right carotid artery. The operation was performed on March 15, 1971 by Dr. Harold Spear, who on September 18...

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