HomeMy WebLinkAbout0577 IN TNE CIRCUIT COURT OF THE
Q NINETEENTH JUDICIAL CIRCUIT
IN AND FOR ST. LUCIE COUNTY,
STATE OF FLORIDA. ~
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BERNICE BROWN., *
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Plaintiff~ * _
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vs. * CASE NO. ?8-58 CA
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NATIONWIDE ~dUTUAL *
INSURANCE CObiPANY, *
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Defendant. *
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FINAL JUDGMENT
This cause.came on for non-jury trial before the
Court on October 25~ 1978. The Court heard the testimony of
several witnesses both for the Plaintiff and for the Defendant.
The Court has also considered the several exhibits offered into
evidence, the citations of authority and argument by counsel.
This case involves a disability claim made by
Plaintiff under a policy issued by the Defendant insuror.
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; The policy terms provide that, following a 30-day elimination
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~ period, the insuror will pay a monthly indemnity of $330.00
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; ~under Benefit "A" for total disabi~lity resulting from -
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~ "accidental bodily injury which is the so2e cause of the loss
~ and which is sustained by the insured while this policy is in
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~ force", and a like monthly indemnity of $330.00 under Benefit . s
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~ "B" for"sickness of the insured beginning after the policy
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~ date of this policy. The facts show that-the Plaintiff
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has for many years been a beautician, an occupation that
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~ requires long hours standing on one's feet. She has been ;
having trouble with her feet for years prior to purchasing
= the policy in question but the testimony of the other beautician
' witnesses indicates that sore and tender feet are an occupational
~ hazard of the trade. Plaintiff had a bunion condition for some
= time but was able to carry out her normal work duties without
_ missing work time due to the condition. On or about January 21, ~
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do~~f.,~ 7 r:~:
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