NEW YORK LIFE INS. CO. v. COLL

Nos. 89-2258, 90-819.

568 So.2d 1306 (1990)

NEW YORK LIFE INSURANCE CO., Appellant, v. Emerita COLL, Appellee.

District Court of Appeal of Florida, Third District.

October 23, 1990.


Attorney(s) appearing for the Case

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

Magill & Lewis and R. Fred Lewis, Miami, for appellee.

Before NESBITT, BASKIN and GERSTEN, JJ.


NESBITT, Judge.

An insurer argues that the trial court erred in failing to apply section 316.1934, Florida Statutes (1989), which creates a permissive inference of a driver's impairment, and thus erroneously awarded double indemnity benefits and attorney's fees to the insured's beneficiary. We agree.

Emerita Coll, filed suit against New York Life for benefits allegedly due her as beneficiary of a life insurance policy issued to her daughter, Milleta. The insured...

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