Mizrahi v. Provident Life & Acc. Ins. Co., 98-2399.
| Citation | 748 So.2d 1059 |
| Decision Date | 15 December 1999 |
| Docket Number | No. 98-2399.,98-2399. |
| Parties | Ralph MIZRAHI, Appellant, v. PROVIDENT LIFE & ACCIDENT INSURANCE COMPANY, Appellee. |
| Court | Court of Appeal of Florida (US) |
Richard F. O'Brien, III, Miami, for appellant.
Shutts & Bowen, Edmund T. Henry, III, and Stacey L. Goldberg, Miami, for appellee.
Before LEVY, GODERICH and GREEN, JJ.
The plaintiff, Ralph Mizrahi, appeals from an adverse final judgment. We affirm for several reasons.
First, the record properly indicates that the insurer was required to carry the burden of proving that Mizrahi's total disability had ceased. Aetna Life Ins. Co. v. Fruchter, 283 So.2d 36, 37 (Fla.1973)( that where an insurance company has previously acknowledged the existence of a total disability and then has terminated the disability payments, the insurance company has the burden of proof to show that the total disability has ceased). Next, the trial court acted within its discretion in determining the order of presentation at trial. Johnson v. Mortham, 915 F.Supp. 1574, 1581 (N.D.Fla.1996)( ). Lastly, there was substantial, competent evidence to support the trial court's determination, as trier of fact, that Mizrahi was no longer totally disabled as defined by the disability policy in question.
Affirmed.
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Shaps v. Provident Life & Accident Insurance Co., s. 98-5500
...appellate courts in Florida have cited the Florida Supreme Court's opinion as precedent. See, e.g., Mizrahi v. Provident Life & Accident Ins. Co., 748 So.2d 1059, 1060 (Fla.App.3d Dist.1999); Principal Mut., 585 So.2d at 475. On the other hand, Florida courts-including the Supreme Court its......
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Shaps v. Provident Life & Acc. Ins. Co.
...several lower appellate courts in Florida have cited this Court's opinion in Fruchter. See, e.g., Mizrahi v. Provident Life & Accident Ins. Co., 748 So.2d 1059, 1060 (Fla. 3d DCA 1999); Derius v. Allstate Indem. Co., 723 So.2d 271, 273 (Fla. 4th DCA 1998); Principal Mut. Life Ins. Co. v. Ma......