Neiman v. Provident Life & Accident Insurance

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

MORENO, District Judge.

Brian Neiman, who has been found guilty of illegally practicing law, seeks disability benefits to compensate him for loss of income derived entirely from that illegal activity. The Court grants summary judgment in favor of the insurer, precluding the Plaintiff from recovering under his disability insurance policy for an occupation he could not legally perform prior to his alleged disability.

On May 2, 2002, the Florida Supreme Court stated:

Neiman’s activities fail the “duck” test. That is, in common parlance, one would expect…