Klotz v. Anthem Life Ins. Co., No. 91-1934

CourtCourt of Appeal of Florida (US)
Writing for the CourtBefore SCHWARTZ; SCHWARTZ
Citation601 So.2d 593
Decision Date09 June 1992
Docket NumberNo. 91-1934
PartiesNorton KLOTZ, et al., Appellants, v. ANTHEM LIFE INSURANCE COMPANY, Appellee. 601 So.2d 593, 17 Fla. L. Week. D1444

Page 593

601 So.2d 593
Norton KLOTZ, et al., Appellants,
v.
ANTHEM LIFE INSURANCE COMPANY, Appellee.
No. 91-1934.
601 So.2d 593, 17 Fla. L. Week. D1444
District Court of Appeal of Florida,
Third District.
June 9, 1992.
Rehearing Denied July 14, 1992.

Perse & Ginsberg and Arnold R. Ginsberg, B. Wayne Olivie, John M. Goodman, Miami, for appellants.

Blackwell & Walker and Angela C. Flowers, Miami, for appellee.

Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.

SCHWARTZ, Chief Judge.

It is at least reasonably arguable--and probably clear--that a person registered at an educational institution who is on a medical leave of absence and not attending classes is "enrolled as [a] full-time student ..." [emphasis supplied] under a group

Page 594

insurance policy. Applying the familiar rules about interpreting insurance contracts, Stuyvesant Ins. Co. v. Butler, 314 So.2d 567 (Fla.1975), especially that every expression must be given meaning, Supreme Internat'l Corp. v. Home Ins. Co., 428 So.2d 295 (Fla.3d DCA 1983), the summary judgment entered below for the carrier is reversed with directions to enter one for the appellant-insured. Compare Blue Cross & Blue Shield of Fla., Inc. v. Cassady, 496 So.2d 875, 876 (Fla. 4th DCA 1986) (interpreting exception which applies "if such child is in full time attendance at an accredited college").

Reversed.

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6 practice notes
  • Prudential Insurance Co. v. Superior Court, No. H022025.
    • United States
    • California Court of Appeals
    • May 17, 2002
    ...& Blue Shield of Fla. v. Cassady (Fla.App. 4 Dist.1986) 496 So.2d 875, 877 [same]; Klotz v. Anthem Life Ins. Co. (Fla.App. 3 Dist.1992) 601 So.2d 593, 594 [student on medical leave is not a full-time student]; Klein v. Empire Blue Cross & Blue Shield (3 Dept.1991) 173 A.D.2d 1006, 569 N.Y.S......
  • Prudential Ins. Co. of Am. v. the Super Court of Santa Cruz County, 6
    • United States
    • California Court of Appeals
    • May 17, 2002
    ...& Blue Shield of Fla. v. Cassady (Fla.App. 4 Dist. 1986) 496 So.2d 875, 877 [same]; Klotz v. Anthem Life Ins. Co. (Fla.App. 3 Dist. 1992) 601 So.2d 593, 594 [student on medical leave is not a full-time student]; Klein v. Empire Blue Cross & Blue Shield (N.Y.A.D. 3 Dept. 1991) 569 N.Y.S.2d. ......
  • Southern States Utilities v. Florida Public Service Com'n, No. 96-4227
    • United States
    • Court of Appeal of Florida (US)
    • June 10, 1998
    ...its Duval and St. Johns facilities ... administratively and operationally," and eschewed "a requirement of physical connection." Beard, 601 So.2d at 593. Similar jurisdictional disputes gave rise to the later decision in Hernando County v. Florida Public Service Commission, 685 So.2d 48, 52......
  • Hernando County v. Florida Public Service Com'n, No. 95-2935
    • United States
    • Court of Appeal of Florida (US)
    • December 12, 1996
    ..."system" exist in contiguous counties across which the service travels. See Board of County Commissioners of St. Johns County v. Beard, 601 So.2d at 593. Accordingly, we REVERSE the order determining that the PSC has exclusive jurisdiction over SSU's existing facilities and land in the Stat......
  • Request a trial to view additional results
6 cases
  • Prudential Insurance Co. v. Superior Court, No. H022025.
    • United States
    • California Court of Appeals
    • May 17, 2002
    ...& Blue Shield of Fla. v. Cassady (Fla.App. 4 Dist.1986) 496 So.2d 875, 877 [same]; Klotz v. Anthem Life Ins. Co. (Fla.App. 3 Dist.1992) 601 So.2d 593, 594 [student on medical leave is not a full-time student]; Klein v. Empire Blue Cross & Blue Shield (3 Dept.1991) 173 A.D.2d 1006, 569 N.Y.S......
  • Prudential Ins. Co. of Am. v. the Super Court of Santa Cruz County, 6
    • United States
    • California Court of Appeals
    • May 17, 2002
    ...& Blue Shield of Fla. v. Cassady (Fla.App. 4 Dist. 1986) 496 So.2d 875, 877 [same]; Klotz v. Anthem Life Ins. Co. (Fla.App. 3 Dist. 1992) 601 So.2d 593, 594 [student on medical leave is not a full-time student]; Klein v. Empire Blue Cross & Blue Shield (N.Y.A.D. 3 Dept. 1991) 569 N.Y.S.2d. ......
  • Southern States Utilities v. Florida Public Service Com'n, No. 96-4227
    • United States
    • Court of Appeal of Florida (US)
    • June 10, 1998
    ...its Duval and St. Johns facilities ... administratively and operationally," and eschewed "a requirement of physical connection." Beard, 601 So.2d at 593. Similar jurisdictional disputes gave rise to the later decision in Hernando County v. Florida Public Service Commission, 685 So.2d 48, 52......
  • Hernando County v. Florida Public Service Com'n, No. 95-2935
    • United States
    • Court of Appeal of Florida (US)
    • December 12, 1996
    ..."system" exist in contiguous counties across which the service travels. See Board of County Commissioners of St. Johns County v. Beard, 601 So.2d at 593. Accordingly, we REVERSE the order determining that the PSC has exclusive jurisdiction over SSU's existing facilities and land in the Stat......
  • Request a trial to view additional results

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