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Hazouri v. Travelers Insurance Co.

District Court of Appeal of Florida, Third District
Nov 29, 1966
192 So. 2d 296 (Fla. Dist. Ct. App. 1966)

Opinion

No. 65-795.

November 29, 1966.

Appeal from the Circuit Court, Dade County, Ray Pearson, J.

Wilson Abramson, Miami, and Herbert A. Kuvin, Key Biscayne, for appellant.

Dixon, DeJarnette, Bradford, Williams, McKay Kimbrell, Miami, for appellee.

Before HENDRY, C.J., and CARROLL and BARKDULL, JJ.


Elizabeth B. Hazouri sought a declaration that the Travelers Insurance Company was liable for medical expenses incurred by her after termination of her employment with the insurance company under "part EDMX — Major Medical Expense Benefits — Total Disability, Employees and their Dependents" of a group accident and sickness policy. The chancellor entered a final decree in favor of the insurance company.

Coverage under part EDMX is terminated when the employee's employment is terminated unless such person is totally disabled at the date he ceases active work.

The evidence reveals that Mrs. Hazouri had been hospitalized from August 9, 1963, to August 11, 1963, due to an emotional disturbance. On August 12, 1963, she returned to her usual and regular employment with the insurance company in Miami on a full time basis. She continued working full time until she voluntarily terminated her employment on October 4, 1963. Mrs. Hazouri gave as her reason for resigning that she was going to Jacksonville to take care of her sick child. A short time after her arrival in Jacksonville she was hospitalized for approximately three weeks. She has had psychiatric care, both in and out of the hospital, since that time.

Whether one is totally disabled depends upon the circumstances of the particular case and is ordinarily a question of fact.

Equitable Life Assur. Soc. of United States v. Wiggins, 115 Fla. 136, 155 So. 327 (1934).

The evidence in this case is sufficient to warrant a finding that Mrs. Hazouri was not totally disabled at the time she terminated her employment.

Scott v. General Accident Fire and Life Assur. Corp., Ltd., Fla.App. 1963, 158 So.2d 532.

Therefore, the decree appealed is affirmed.

Affirmed.


Summaries of

Hazouri v. Travelers Insurance Co.

District Court of Appeal of Florida, Third District
Nov 29, 1966
192 So. 2d 296 (Fla. Dist. Ct. App. 1966)
Case details for

Hazouri v. Travelers Insurance Co.

Case Details

Full title:ELIZABETH B. HAZOURI, APPELLANT, v. TRAVELERS INSURANCE COMPANY, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Nov 29, 1966

Citations

192 So. 2d 296 (Fla. Dist. Ct. App. 1966)