Mizrahi v. Provident Life & Accident Insurance Co.

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, 288 So.2d 36, 37 (Fla.1973)(hold-ing 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…