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PROVIDENT LIFE AND ACCIDENT INS. v. GENOVESE

No. 4D12-444.

138 So.3d 474 (2014)

PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, Appellant, v. Peter R. GENOVESE, M.D., Appellee.

District Court of Appeal of Florida, Fourth District.

February 26, 2014.

Attorney(s) appearing for the Case

John E. Meagher , Jeffrey M. Landau and Stephen T. Maher of Shutts & Bowen LLP, Miami, for appellant.

Philip M. Burlington and Nichole J. Segal of Burlington & Rockenbach, P.A., West Palm Beach, Gary Rosen of Becker & Poliakoff, P.A., Fort Lauderdale, and Richard M. Benrubi of Liggio Benrubi, P.A., West Palm Beach, for appellee.

KLINGENSMITH, J.

Appellant, Provident Life and Accident Insurance Company ("Provident"), appeals a final judgment entered after a jury trial, which determined an onset date of disability for Dr. Peter Genovese ("Genovese"). This date differed from the onset date established by a special interrogatory jury verdict in an earlier trial between the same parties. The question presented is whether that finding triggered collateral...

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