Caratini v. Casualty Insurance

Although I believed that the case was a close one at the time I concurred with the majority’s opinion, upon consideration of the meaningful petition for rehearing, I have determined that this court should have affirmed the trial court.

This appeal comes to us following a bench trial where the trial court entered a detailed order including its findings of fact and conclusions of law. It is well established that a trial court’s findings in a bench trial will not be disturbed unless they are against the manifest weight of the evidence which requires the opposite conclusion to be clearly evident.…