Guarantee Trust Life Insurance v. Fundora

A petition for rehearing having been granted and after argument thereon, the original opinion filed in this cause is withdrawn and the following is substituted therefor.

The defendant, Guarantee Trust Life Insurance Company, appeals a summary final judgment for the insured in an action for medical expenses provided by the policy. Defendant does not claim that the undisputed facts present a genuine issue of material fact.

The decision in this case turns upon whether the trial court correctly held that the five year statute of limitations contained in Section 95.11(2), Florida Statutes (1975), is…