Summary
In Klotz v. Anthem Life Insurance Co., 601 So.2d 593 (Fla. 3d DCA1992), the court held 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.
Summary of this case from Imerson v. District School Bd. of Pasco CountyOpinion
No. 91-1934.
June 9, 1992. Rehearing Denied July 14, 1992.
Appeal from the Circuit Court, Dade County, Ursula Ungaro-Benages, J.
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.
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 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.