MIZRAHI v. PROVIDENT LIFE & ACC. INS. CO.

No. 98-2399.

748 So.2d 1059 (1999)

Ralph MIZRAHI, Appellant, v. PROVIDENT LIFE & ACCIDENT INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 26, 2000.


Attorney(s) appearing for the Case

Richard F. O'Brien, III, Miami, for appellant.

Shutts & Bowen, Edmund T. Henry, III, and Stacey L. Goldberg, Miami, for appellee.

Before LEVY, GODERICH and GREEN, JJ.


PER CURIAM.

The plaintiff, Ralph Mizrahi, appeals from an adverse final judgment. We affirm for several reasons.

First, the record properly indicates that the insurer was required to carry the burden of proving that Mizrahi's total disability had ceased. Aetna Life Ins. Co. v. Fruchter, 283 So.2d 36, 37 (Fla.1973)(holding that where an insurance company has previously acknowledged the existence of a total disability...

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