McPHEE v. THE PAUL REVERE LIFE INS. CO.

No. 4D02-3748.

883 So.2d 364 (2004)

Bruce McPHEE, Appellant, v. THE PAUL REVERE LIFE INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

September 29, 2004.


Attorney(s) appearing for the Case

Nancy Little Hoffmann of Nancy Little Hoffmann, P.A., Pompano Beach, and Robert J. McFann and Timothy P. Beavers of McFann & Beavers, P.A., Fort Lauderdale, for appellant.

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


STEVENSON, J.

Bruce McPhee appeals from a final judgment entered pursuant to a jury verdict in favor of the Paul Revere Life Insurance Company (and related or successor companies, hereinafter collectively referred to as "Paul Revere") in a suit over benefits under a disability insurance policy. We reverse because, under the facts of this case, the trial court erred in failing to determine, as a matter of law, that McPhee was "regularly engaged" in an occupation at...

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