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Keywords

contractprecedentburden of proof

Related Cases

Shaps v. Provident Life & Acc. Ins. Co., 826 So.2d 250, 27 Fla. L. Weekly S710

Facts

Audrey Shaps sued Provident Life and Casualty Insurance Company in federal court for breaches of a disability insurance contract. A jury found that she was not continuously disabled from September 10, 1990, to October 23, 1994, and denied her first claim. For her second claim, the jury found she was disabled from September 8, 1995, to April 6, 1996, but denied relief due to her failure to comply with conditions precedent. The district court ruled that Shaps had the burden of proof regarding her disability, applying New York law instead of Florida law.

Audrey Shaps sued Provident Life and Casualty Insurance Company in federal court for breaches of a disability insurance contract.

Issue

1) Is the burden of proof rule recognized in Fruchter v. Aetna Life Insurance Co. part of the substantive law of Florida? 2) Would requiring the insured to prove disability violate the public policy of Florida?

1) IS THE BURDEN OF PROOF RULE RECOGNIZED IN FRUCHTER V. AETNA LIFE INSURANCE CO., 266 So.2d 61 (Fla. 3D DCA 1972), CERT. DISCHARGED, 283 So.2d 36 (Fla.1973), PART OF THE SUBSTANTIVE LAW OF FLORIDA, SUCH THAT IT WOULD NOT BE APPLIED IN A CASE WHERE UNDER FLORIDA'S DOCTRINE OF LEX LOCI CONTRACTUS THE SUBSTANTIVE LAW OF ANOTHER STATE (NEW YORK) GOVERNS THE PARTIES' CONTRACT DISPUTE? 2) WOULD REQUIRING THE INSURED TO PROVE DISABILITY IN THIS CONTEXT VIOLATE THE PUBLIC POLICY OF FLORIDA, SUCH THAT THE BURDEN OF PROOF MUST BE PLACED ON THE INSURER?

Rule

The burden of proof is generally considered a procedural issue in Florida, and substantive law governs the rights and duties under a contract.

Analysis

The Florida Supreme Court determined that the burden of proof rule from Fruchter does not constitute binding precedent and is procedural in nature. The court explained that substantive law prescribes rights and duties, while procedural law concerns the means to enforce those rights and duties. Therefore, the burden of proof, which relates to how a party must present evidence, is procedural and should be governed by the law of the forum.

The Florida Supreme Court determined that the burden of proof rule from Fruchter does not constitute binding precedent and is procedural in nature.

Conclusion

The Florida Supreme Court answered the first certified question in the negative, concluding that the burden of proof is procedural for conflict-of-laws purposes, and found it unnecessary to address the second certified question.

The Florida Supreme Court answered the first certified question in the negative, concluding that the burden of proof is procedural for conflict-of-laws purposes.

Who won?

Provident Life and Casualty Insurance Company prevailed because the court ruled that the burden of proof regarding disability lies with the insured, aligning with the procedural nature of the issue.

Provident Life and Casualty Insurance Company prevailed because the court ruled that the burden of proof regarding disability lies with the insured.

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