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

No. SC01-558.

826 So.2d 250 (2002)

Audrey SHAPS, Appellant, v. PROVIDENT LIFE & ACCIDENT INSURANCE COMPANY, et al., Appellees.

Supreme Court of Florida.

August 29, 2002.

Attorney(s) appearing for the Case

Howard Grossman of Grossman & Goldman, Boca Raton, FL; and Edward D. Schuster of Massey, Coican & Schuster, Fort Lauderdale, FL, for Appellant.

John E. Meagher and Jeffrey M. Landau of Shutts & Bowen LLP, Miami, FL, for Appellees.

QUINCE, J.

We have for review two questions of Florida law certified by the United States Court of Appeals for the Eleventh Circuit as determinative of a cause pending before that court and for which there appears to be no controlling precedent. Specifically, the Eleventh Circuit has certified the following questions to this Court:

(1) IS THE BURDEN OF PROOF RULE RECOGNIZED IN FRUCHTER V. AETNA LIFE INSURANCE CO., 266 So.2d 61

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