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MUTUAL LIFE INS. CO. OF NEW YORK v. LOPEZ

No. 86-487.

499 So.2d 67 (1986)

MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Appellant, v. Katherine Cruz LOPEZ, Appellee.

District Court of Appeal of Florida, Third District.

December 30, 1986.

Attorney(s) appearing for the Case

Shutts & Bowen and Richard M. Leslie and Michael H. Meares and Kimarie R. Stratos, Miami, for appellant.

Wiggins & Wiggins and Robert H. Wiggins, Miami Shores, for appellee.

Before BARKDULL, HUBBART and DANIEL S. PEARSON, JJ.

PER CURIAM.

The judgment below is affirmed as there is sufficient evidence to support the trial court's finding that the insured was not "performing assigned duties as ... a member of the crew of the aircraft" when he was killed and that, therefore, under the terms of the policy, Katherine Cruz Lopez, the beneficiary, was entitled to receive the full death and accidental death benefits of the policy.

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