The Prudential Insurance Company of America v. William D. (Bill) Clark and Margaret Clark

CLARK, Circuit Judge:

This appeal requires that we review a case tried to a jury on disputed evidence. The court refused to enter judgment in accordance with the jury’s answers to specific issues under Fed.R. Civ.P. 49(a), because it analyzed the effect of Florida’s legislative repeal of the doctrine of voluntary payment to equal the abolition of the defense of waiver. However, we find in other legal fictions more compelling support for the verdict and reverse. We will consider the facts in the light most favorable to the jury’s findings.

Steve Clark (Steve), a young single man residing with…