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ROSENBERG v. GUARDIAN LIFE INS. CO.

No. 86-2458.

510 So.2d 610 (1987)

Stanley ROSENBERG, M.D., Appellant, v. GUARDIAN LIFE INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 19, 1987.

Attorney(s) appearing for the Case

Horton, Perse & Ginsberg and Mallory H. Horton, Miami, for appellant.

Shutts & Bowen and William J. Gallwey, III and Philip D. Parrish and Phillip G. Newcomm, Miami, for appellee.

Before SCHWARTZ, C.J., and BASKIN and DANIEL S. PEARSON, JJ.

DANIEL S. PEARSON, Judge.

Stanley Rosenberg, an ophthalmologist, filed an action seeking to have declared his right to receive total disability benefits from his insurer, Guardian Life Insurance Company, for a period during which Rosenberg, although indisputably able to engage in a substantial part of the practice of his specialty (and successfully so doing), was indisputably unable to perform microsurgery. The trial court found in essence that because Rosenberg was...

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