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. IN THF DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTN DISTRICT JULY TERM 1982 •
_ LIFE INVESTORS INSURANCB ~ yOT FIi~AL UNT'1LTl~iC LXPIRES ;
CO,+~PANY OF ANiERICA, ~ r0 F1L~ REHrAR1NG PETITION i
) ~uD, 1F FIL~D, DISPOSED OF. ~
- ~
Appellant, ) • ~
,
! ) ~ .
) CASE Nn. 81-1126.
) (
FARTNA L. JOHNSON, _ . ) ~ ~
~ ~ (
~PPellee. ) ~
O~inion Eiled September 15, 1982
Appeal from the Circuit Gourt for
St. Lucie County; Charles E. Smith, -
Judge. ~ .
. ~
Leesfield ~ Blackburn, Miami, and
Patrice A. Talisman of Daniels and
. Hicks, Miami, for appellant. ~
.
~ _ Ralph L: Flowers, Fort Pierce, ~
for appellee. - . -
DOWNEY, J. - ~
i
Appellee Eartha L. Johnson purchased an automobile
from Fred Coyne Chevrolet Company, Inc. In conjunction with the ~
car sale, Johnson also purchased a credi't disability insurance ~
policy issued by appellant, Life Investors Insurance Cbmpany of ~
America. The policy provided that if the insured were totally
disabled and under the care of a doctor for more thar, 14 days ~
the com an would _ ~
p y pay the insured creditor a daily benefit for
- the eriod of disabilit and m di t ~
P y e cal reatment. Written notice ~
- of the claim was required to be given. the company at its nome
_ oEfice "~r to any authorized agent" within 30 days of the occur-
re~ice or as "soon thereafter as reasonably possible" and `
proof of loss within 90 days ther-eafter. Claims were to be paid
monthl s b' ~ 1
y u ~ect to written proof~of loss.
Johnson received a disabling injury at work. The com-
~ pany was ev~ntually notified but,_ Johnson claims, did not pay
- .
according to its contract and as a result her car was repos- ~
sessed. Johnson ~ued a ellant for dama es for bre ~
PP . g ach.of the
t
contract. The trial judge directed a verdict on liability at. ~
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