Bruce Adelberg v. Berkshire Life Insurance Company

This case involves an unanswered question of Florida law that is determinative of this appeal. We therefore certify the question to the highest court of Florida for resolution.

The relevant facts are undisputed. The appellant, Berkshire Life Insurance Company, insured the appellee, Bruce Adelberg, under an occupational disability insurance policy. 1 Under this policy, Adelberg was entitled to benefits for “total disability” if he was unable to perform the “material and substantial duties” of [his] occupation. 2 The policy did not expressly define the term “occupation.” While the policy was in…