CNL Insurance America v. Moreland

Blackburn, Judge.

CNL Insurance America appeals the trial court’s denial of its post-judgment motion for offset. The issue in this appeal is whether the non-duplication of benefits provision in CNL’s insurance policy is enforceable and allows CNL the right in this uninsured motorist claim to reduce the jury’s verdict by the amount of payments previously made to the plaintiff. CNL’s insurance policy was not made a part of the record at the trial court and is not in the record before us. There was no appropriate substitution for the policy’s submission made to the trial court.

It is well settled…