Equitable Life Assur. Soc. of U.S. v. Mckeithan

• Decision Date: 25 March 1935
• Citation: 119 Fla. 486,160 So. 883
• Parties: EQUITABLE LIFE ASSUR. SOC. OF THE UNITED STATES v. McKEITHAN.
• Court: Florida Supreme Court

160 So. 883

119 Fla. 486

EQUITABLE LIFE ASSUR. SOC. OF THE UNITED STATES v. McKEITHAN.

Florida Supreme Court, Division A.

March 25, 1935

Rehearing Denied April 30, 1935.

Error to Circuit Court, Washington County; D. J. Jones, Judge.

Action by Raymond L. McKeithan against the Equitable Life Assurance Society of the United States. To review a judgment for plaintiff, defendant brings error.

Affirmed.

COUNSEL A. P. Drummond, of Bonifay, and E. C. Maxwell of Pensacola, for plaintiff in error.

Cecil A. Rountree and James N. Daniel, both of Chipley, for defendant in error.

OPINION

PER CURIAM.

This suit was one wherein judgment was rendered against plaintiff in error in a suit at law to recover monthly payments for alleged total and presumably permanent disability alleged as preventing plaintiff below from engaging in any occupation for remuneration or profit. The major question presented is the sufficiency of the evidence as to disability to support a recovery.

The policies sued on were made part of the declaration and show the nature of the agreement to be one whereby the insurance company became liable when it was alleged and duly made to appear that the insured had become presumably permanently disabled within the description of a presumably permanent disability as that phrase is employed in the policies sued on, under the heading 'Total and Permanent Disability.' The policies sued on provided as follows:

'Total and Permanent Disability. Upon receipt of due proof as hereinafter provided that the Insured, while this policy was in force and no premium hereunder in default became totally disabled as hereinafter defined due to bodily injury or disease before the anniversary of the Register date of this policy upon which the Insured's age at nearest birthday is 60 years and that such Total Disability has existed continuously for at least four months, the Society will, subject to the conditions set forth below presume such Total Disability to be permanent and * * *' (Italics supplied.)

'(b) Pay to the insured for the fourth and each subsequent completed month of such Total Disability during its continuance the monthly disability income stated on the first page hereof, provided, however, that no income shall be payable for any period of total disability more than one year prior to receipt at the Home Office of the Society of written notice of claim. The first payment hereunder shall be made upon receipt of such due proof and an additional payment upon the completion of each additional month of such total disability during its continuance. * * *'

'Definition. Disability is total when it prevents the Insured from engaging in any occupation for remuneration or profit.'

The rule in Florida is that a declaration is sufficient which contains all essentials of a cause of action whether by direct allegations or by fair inference from the direct allegations. Chase & Co. v. Atlantic Coast Line R Co., 94 Fla. 922, ...