Insurance Claim
Results 1-22241
1-CITE: 681 So.2d 753 Barbara LUBIN, Appellant, v. PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY,
Appellee.
TEXT: PER CURIAM. Barbara Lubin (hereinafter Lubin ), plaintiff below, appeals a final judgment
de...ith instructions to reinstate the insurance policy thus allowing Lubin to recover her
disability benefits under said policy. Reversed and remanded.
2-CITE: 584 So.2d 644 FLORIDA INSURANCE GUARANTY ASSOCIATION, INC., Appellant, v. Lourdes ALATRISTE
and Century Title, Inc., a Florida corporation, Appellees.
TEXT: PER CURIAM. The final summary judgment under review, requiring the defendant Florida
Insuran... to FIGA raising an issue below upon remand as to whether the final judgment exceeds the
policy limits of the plaintiff Century s insolvent insurer.
3-CITE: 518 So.2d 988 VIGILANT INSURANCE COMPANY, Appellant, v. HUMANA OF FLORIDA, INC., Appellee.
TEXT: PER CURIAM. The appellee, Humana of Florida, Inc., entered into a settlement agreement with
...INST IT WHEN THE INSURANCE COMPANY HAS BEEN DETERMINED TO HAVE WRONGFULLY DENIED COVERAGE FOR
THE CLAIM? ANSTEAD, GUNTHER and STONE, JJ., concur.
4-CITE: 551 So.2d 553 ROYAL INSURANCE COMPANY OF AMERICA, Petitioner, v. ZAYAS MEN S SHOP, INC.,
Respondent.
TEXT: PER CURIAM. This is a petition for a writ of a writ of certiorari which seeks review of a
tr...nderpinnings for the Mayor, Lovell and Lugassy decisions are not longer viable, and that such
decisions no longer state the law. Certiorari denied.
5-CITE: 614 So.2d 553 Ernesto SIVILLA, M.D., P.A., Appellant, v. STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. This is an appeal by the plaintiff Ernesto Sivilla from an adverse final
summary.... The final summary judgment under review is reversed and the cause is remanded to the
trial court for further proceedings. Reversed and remanded.
6-CITE: 478 So.2d 849 David R. PAZ, M.D., Appellant, v. ALLSTATE INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. We reverse the summary judgment in favor of Allstate Insurance Company
(Allstate...al Insurance Co., 364 So.2d 874 (Fla. 3d DCA 1978). Accordingly, the final summary
judgment, and the accompanying judgment for costs, are Reversed.
7-CITE: 562 So.2d 414 GENERAL ACCIDENT INSURANCE COMPANY, Petitioner, v. AMERICAN MUTUAL INSURANCE
COMPANY, Respondent.
TEXT: COBB, Judge. Petitioner, General Accident Insurance Company, seeks certiorari review of a
lo...irrespective of any work produce privilege. See Fla.R.Civ.P. 1.280(b). *415 ORDER QUASHED;
CAUSE REMANDED. DANIEL, C.J., and W. SHARP, J., concur.
8-CITE: 632 So.2d 1123 Zenobia REVOREDO, as Personal Representative of the Estate of Gilberto E.
Revoredo, deceased, etc., Appellant, v. SOUTH PACIFIC PROFESSIONAL INSURANCE, INC., a Florida
corporation, Appellee.
TEXT: PER CURIAM. Zenobia Revoredo, as Personal Representative of the Estate of Gilberto E.
Revore...ontract--wrongful denial of coverage and failure to defend and the count against South
Pacific was for Failure to procure proper insurance coverage.
9-CITE: 546 So.2d 13 The FLORIDA PATIENT S COMPENSATION FUND, Appellant, v. CADUCEUS SELF INSURANCE
FUND, Appellee.
TEXT: PER CURIAM. This is an appeal by the Florida Patient s Compensation Fund [Fund], a
defendant...bove statute imposes a fiduciary duty upon Caduceus to protect the interests of the Fund
in the original malpractice action. Reversed and remanded.
10-CITE: 573 So.2d 181 Andrew HARROW and Susan Harrow, his wife, Appellants Cross-Appellees, v. REMKE
DEVELOPMENT, INC., Appellee, and HOW Insurance Company, Appellee Cross-Appellant.
TEXT: PER CURIAM. The appellants (the homeowners) asserted claims based on construction defects
in...d by the trial judge. Affirmed in part, reversed in part, and remanded for further
proceedings. DANAHY, A.C.J., and FRANK and PARKER, JJ., concur.
11-CITE: 750 So.2d 159 ANDY S ASSURANCE AGENCY INC., Appellant, v. PHILADELPHIA INDEMNITY INSURANCE
COMPANY, Appellee.
TEXT: PER CURIAM. Appellant s argument that the letter from plaintiff s counsel did not amount to
...sting acts or omissions which could ripen into claims. There was no coverage *160 for this claim
whether the policy was rescinded or not. Affirmed.
12-CITE: 444 So.2d 1021 IOWA MUTUAL INSURANCE COMPANY, Appellant, v. Fernando LOPEZ; Jonathan P. Lynn;
Stephens, Thornton & Schwartz, P.A.; and Northbrook Excess and Surplus Insurance Company, Appellees.
TEXT: PER CURIAM. The orders under review in these consolidated appeals dismissing the appellant
s... claim for professional malpractice is affirmed without prejudice to the appellant instituting
an independent action based on such claim. Affirmed.
13-CITE: 462 So.2d 491 Robert J. OVERCASH d b a Fashion Warehouse, Appellant, v. NEW HAMPSHIRE
INSURANCE GROUP, Appellee.
TEXT: PER CURIAM. We affirm the final judgment rendered in favor of appellee, New Hampshire
Insura... tortfeasor s carrier as settlement of the subrogation claim. The judgment appealed from
is AFFIRMED. JOANOS, WIGGINTON and BARFIELD, JJ., concur.
14-CITE: 550 So.2d 156 ALLSTATE INSURANCE COMPANY, Petitioner, v. Josephine MELENDEZ, Respondent.
TEXT: PER CURIAM. Petitioner, an automobile insurance carrier defending an action brought by one
o... requirements of law. Therefore, the petition for certiorari review is denied. CERTIORARI
DENIED. DANIEL, C.J., and DAUKSCH and COBB, JJ., concur.
15-CITE: 493 So.2d 17 James FRANKLIN, Appellant, v. DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES,
Appellee.
TEXT: UPCHURCH, Chief Judge. Appellant, James Franklin, was injured by an explosion while
deliveri...lity; therefore, the plaintiff complied with the notice provisions. Accordingly, the
decision below is REVERSED. ORFINGER and COWART, JJ., concur.
16-CITE: 747 So.2d 991 Maria Helena GONZALEZ, Appellant, v. AMERICAN HERITAGE LIFE INSURANCE COMPANY,
Appellee.
TEXT: PER CURIAM. We conclude that the decedent was bound by the contents of the insurance
applica... as to the appellee insurance company is without prejudice to the appellant to pursue the
point with First Union. The summary judgment is affirmed.
17-CITE: 481 So.2d 989 ALLSTATE INSURANCE COMPANY, Petitioner, v. Marilee KELLEY, et al., Respondents.
TEXT: ON WRIT OF CERTIORARI UPCHURCH, Judge. Allstate Insurance Company has filed a petition for
...ri issued and the order denying petitioner s motion to dismiss as to the claim for punitive
damages is quashed. COBB, C.J., and COWART, J., concur.
18-CITE: 440 So.2d 612 LUMBERMENS MUTUAL CASUALTY COMPANY, Appellant, v. Ricardo CEBALLOS, Appellee.
TEXT: NESBITT, Judge. Lumbermens Mutual Casualty Company appeals the entry of an adverse partial
s...e date of the amended section 627.739, Florida Statutes. Reversed with directions to enter
judgment in favor of Lumbermens Mutual Casualty Company.
19-CITE: 435 So.2d 848 Charles SMITH, Appellant, v. STANDARD GUARANTY INSURANCE COMPANY, Appellee.
TEXT: GRIMES, Acting Chief Judge. Appellant (Smith) sued appellee (Standard) in 1981 for
compensat...ent for compensatory damages and remand that issue for a new trial. In all other
respects, the judgment is affirmed. RYDER and DANAHY, JJ., concur.
20-CITE: 447 So.2d 1032 U.S. FIRE INSURANCE COMPANY, f u b o Mondo Terra Development Corporation,
Appellant, v. TED SATTER ENTERPRISES, INC., Appellee.
TEXT: LETTS, Judge. This cause emanates from an insurance company s unsuccessful attempt to set
as...to intervene. REVERSED AND REMANDED IN ACCORDANCE HEREWITH. GLICKSTEIN and WALDEN, JJ.,
concur. ------------ (FN1) The insured is out of business.
21-CITE: 442 So.2d 1104 Louis WECHSLER, Appellant, v. BEALL & ASSOCIATES ROOFING CORPORATION, a Florida
corporation, and Kent Insurance Company, a foreign corporation, Appellee.
TEXT: ON MOTION FOR REHEARING PER CURIAM. We grant the appellees motion for rehearing and
withdra.... Shelby Mutual Insurance Co., 390 So.2d 325 (Fla.1980), the appellant withdrew from the
jury s consideration his claim for such damages. Affirmed.
22-CITE: 649 So.2d 934 Modesto DILME, Jr., Appellant, v. SBP SERVICE, INC. and First Southern Insurance
Company the Florida Insurance Guaranty Association, Appellees.
TEXT: BARFIELD, Judge. We have for review a workers compensation order in which the judge of
compe...62 (Fla. 1st DCA 1990), review denied, 581 So.2d 1308 (Fla.1991). *936 REVERSED and
REMANDED for further proceedings. ALLEN and KAHN, JJ., concur.
23-CITE: 497 So.2d 717 John SOLIDAY and Barbara Soliday, his wife, Petitioners, v. STATE FARM MUTUAL
AUTOMOBILE INSURANCE CO., a foreign corp., Respondent.
TEXT: PER CURIAM. A person with underinsured motorist coverage is not obligated to first bring an
... is granted. The order of dismissal is quashed and the cause is remanded for further proceedings.
------------ (FN1) Respondent has confessed error.
24-CITE: 595 So.2d 1118 Daniel P. BROWN, Appellant, v. DEALERS INSURANCE COMPANY and Florida Managing
General Agency, Inc., #555, Appellees. DEALERS INSURANCE COMPANY and Florida Managing General
Agency, Inc., #555, Cross-Appellants, v. Betty C. KIRKPATRICK d b a Kirkpatrick Insurance Agency,
Cross-Appellee.
TEXT: SHIVERS, Judge. We affirm that portion of the trial court s Final Judgment in favor of
Deale...reach the issues raised by Dealers on cross-appeal. AFFIRMED in part, REVERSED in part, and
REMANDED with directions. MINER and WOLF, JJ., concur.
25-CITE: 681 So.2d 885 Agustin DEVILLIERS and Maria Angel Devilliers, his wife, Appellants, v. ALLSTATE
INSURANCE COMPANY, Appellee.
TEXT: COPE, Judge. Agustin Devilliers and Maria Angel Devilliers appeal a summary final judgment
d...ntiff-appellant Maria Angel Devilliers, passenger Devilliers wife, asserted a claim for loss of
consortium. (FN2) Section 627.727, Fla.Stat. (1991).
26-CITE: 754 So.2d 865 LIBERTY MUTUAL INSURANCE COMPANY, Petitioner, v. The FARM, INC., Respondent.
TEXT: COPE, J. The question in the present case is whether the insured s claim of insurer bad
fait...insurer bad faith. Such discovery is premature until such time as the claim for statutory bad
faith has accrued and been filed. Certiorari granted.
27-CITE: 452 So.2d 1020 Caridad MACIAS, Appellant, v. BANKERS INSURANCE COMPANY, Appellee.
TEXT: HENDRY, Judge. Caridad Macias, plaintiff below, appeals from an adverse final judgment
after...and so that appellee may make this showing, if it is able to do so. All other points are
affirmed. Reversed and remanded in part, affirmed in part.
28-CITE: 537 So.2d 599 Lee GOLDWICH, Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. This is an appeal from a final judgment determining that an arbitration escape
p...proved Berger v. Fireman s Fund Insurance *600 Co., 515 So.2d 997 (Fla. 3d DCA), review
dismissed, 519 So.2d 987 (Fla.1987). REVERSED and REMANDED.
29-CITE: 546 So.2d 732 EMPIRE FIRE & MARINE INSURANCE COMPANY, Appellant, v. Byron BLACK, Appellee.
TEXT: PER CURIAM. This is an appeal by the defendant Empire Fire and Marine Insurance Company
[Emp...claim, and to refrain from awarding any of the $1,904.56 in costs conceded by Black to be
error on this appeal. Affirmed in part; reversed in part.
30-CITE: 588 So.2d 681 Angelina LOSICCO, Appellant, v. The AETNA CASUALTY AND SURETY COMPANY, and
Brastile, Inc., Appellees.
TEXT: PER CURIAM. Appellant, Angelina Losicco, appeals the denial of attorney s fees where
appelle...sualty Insurance Company, 552 So.2d at 1133. Accordingly, we reverse and remand for a
determination of the attorney s fees. Reversed and remanded.
31-CITE: 430 So.2d 502 Clay W. KEITH, Appellant, v. Brenda S. DYKES, et al., Appellee.
TEXT: PER CURIAM. Appellees filed a complaint against appellant, in his official capacity as the
D...make final disposition of a claim within 6 months after it is filed shall be deemed a final
denial of the claim for purposes of this section . . . .
32-CITE: 585 So.2d 1201 ESTATE OF Wren McKINNEY, Deceased, Appellant, v. Donna M. SOFKA, Appellee.
TEXT: PER CURIAM. We affirm the order permitting the reopening of this estate in order that a
clai...s case which allegedly arose December 28, 1988, applies to unadministered estates. Affirmed.
SCHEB, A.C.J., and LEHAN and ALTENBERND, JJ., cocnur.
33-CITE: 484 So.2d 43 Steven DAIGNAULT, Carolyn Daignault and Richard Daignault, Appellants, v.
ALLSTATE INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. This is an appeal from an order denying modification of an award of an
arbitrati...emand to the arbitrators for reconsideration of the future medical compensation.
REVERSED and REMANDED. DAUKSCH, ORFINGER and COWART, JJ., concur.
34-CITE: 445 So.2d 379 M.I.J. INTERNATIONAL, INC., Appellant, v. The TRAVELERS INSURANCE CO., Appellee.
TEXT: PER CURIAM. Affirmed. Southern Home Insurance Co. v. Faulkner, 57 Fla. 194, 49 So. 542
(1909...e Co. v. B.C. Lewis & Sons, 28 Fla. 209, 10 So. 297 (1891); Preferred Insurance Co. v.
Richard Parks Trucking Co., 158 So.2d 817 (Fla. 2d DCA 1963).
35-CITE: 476 So.2d 296 Pedro D. CABALLERO, Appellant, v. METROPOLITAN PROPERTY AND LIABILITY INSURANCE
COMPANY, Appellee.
TEXT: SCHWARTZ, Chief Judge. Caballero sustained property damage to his vehicle which was covered
... other insurance also covers the loss we will pay our fair share. Our share is the proportion our
limit bears to the total of all applicable limits.
36-CITE: 616 So.2d 1232 Denise BATES, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. AFFIRMED. HERSEY and WARNER, JJ., concur. ANSTEAD, J., dissents with opinion.
...he state proved either of the criminal offenses charged. Cf. Stramaglia v. State, 603 So.2d 536
(Fla. 4th DCA), rev. denied, 613 So.2d 9 (Fla.1992).
37-CITE: 552 So.2d 1132 Raul AMADOR, Appellant, v. LATIN AMERICAN PROPERTY & CASUALTY INSURANCE
COMPANY, Appellee.
TEXT: PER CURIAM. When the insurance company has agreed to settle a disputed [automobile
accident]...trial court shall adjudge against the insurer and in favor of the insured or beneficiary
a reasonable sum as attorney fees). Reversed and remanded.
38-CITE: 655 So.2d 1250 Albert WATSON, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Appellant appeals his convictions and sentences for arson of a dwelling,
burning...on and sentence for grand theft. We affirm in all other respects. AFFIRMED in part;
REVERSED in part. BOOTH, MICKLE and VAN NORTWICK, JJ., concur.
39-CITE: 716 So.2d 327 Toni HUDSON, Appellant Cross-appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE
COMPANY, Appellee Cross-appellant.
TEXT: PER CURIAM. Toni Hudson appeals the trial court s order granting summary judgment in favor
o...ion for summary judgment is a nonfinal, nonappealable order. See Fla.R.App.P. 9.130(a)(3).
PARKER, C.J., and ALTENBERND and CASANUEVA, JJ., concur.
40-CITE: 656 So.2d 181 Harold S. ROSE, Appellant, v. STATE OF Florida, DEPARTMENT OF INSURANCE AND
TREASURER, Appellee.
TEXT: PER CURIAM. Affirmed. Section 120.68(10), Fla.Stat. (1989); Ferris v. Turlington, 510 So.2d
....S., 563 So.2d 655, 662 (Fla. 1st DCA 1990); Devor v. Department of Insurance, 473 So.2d 1319
(Fla. 1st DCA), rev. denied, 476 So.2d 673 (Fla.1985).
41-CITE: 698 So.2d 568 Edward BROWER, Appellant, v. STATE DEPARTMENT OF NATURAL RESOURCES, Appellee.
TEXT: NORTHCUTT, Judge. The trial court entered final summary judgment against Edward Brower, the
... the summary judgment. In any event, Mr. Brower has now served the Department of Insurance, so
his failure to perfect service is no longer an issue.
42-CITE: 728 So.2d 1175 Sheila M. RUBIN, Appellant, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION
and Pinellas County, Florida, Appellees.
TEXT: PARKER, Chief Judge. Sheila M. Rubin appeals the trial court s final order granting the
Depa... and to serve process upon the Department of Insurance in compliance with section 768.28(7).
Reversed and remanded. FRANK and FULMER, JJ., concur.
43-CITE: 458 So.2d 378 Jean L. RIHON, Appellant, v. Herbert J.T. WILSON, d b a Wilson Insurance Agency,
Appellee. Jean L. RIHON, Appellant, v. THE OHIO CASUALTY INSURANCE COMPANY, etc., Appellee. Jean L.
RIHON, Appellant, v. Herbert J.T. WILSON, individually and d b a Wilson Insurance Agency, and the
Ohio Casualty Insurance Company, a foreign corporation, Appellees.
TEXT: GLICKSTEIN, Judge. This is a consolidated appeal of final summary judgments rendered in
favo...e did so, stated a cause of action, and now has the opportunity on remand to attempt to prove
what he has alleged. HERSEY and BARKETT, JJ., concur.
44-CITE: 506 So.2d 460 The MALL BANK, Appellant, v. STATE of Florida, ex rel. the DEPARTMENT OF
INSURANCE of the State of Florida, and Florida General Life Insurance Company, Appellees.
TEXT: WENTWORTH, Judge. Appellant The Mall Bank seeks review of an 11 21 86 order entered after a
... not affect the Bank s position. See Fortier v. Dona Anna Plaza Partners, 747 F.2d 1324 (10th
Cir.1984). Affirmed. SMITH and SHIVERS, JJ., concur.
45-CITE: 449 So.2d 421 OLD REPUBLIC INSURANCE COMPANY, Appellant, v. James B. WILSON, et al.,
Appellees.
TEXT: PER CURIAM. Wilson was injured by the negligence of Timmerman in operating an automobile.
He...motion for leave to assert a cross-claim must be reversed, all subsequent rulings are vacated
*423 and the case is remanded for further proceedings.
46-CITE: 662 So.2d 722 Thomas SWENSZKOWSKI, Appellant, v. Wayne COMPTON, as Personal Representative of
the Estate of Debbie Lee Phillips, deceased, Appellee.
TEXT: ON MOTION FOR CLARIFICATION AND REHEARING ERVIN, Judge. This court s previous opinion
filed...er the decedent s death by virtue of the credit life insurance. Thus, section 222.13(1),
Florida Statutes (1989), does not bar Swenszkowski s claim.
47-CITE: 660 So.2d 297 Joan DICSO and Joseph Dicso, her husband, Appellants, v. Nick NAVARRO, as former
Sheriff of Broward County, and Ron Cochran, as current Sheriff of Broward County and successor in
interest, Appellees.
TEXT: WOLF, JAMES R., Associate Judge. Appellants challenge a final judgment which dismissed
their...from appellants attorney were attached and made a part of the complaint. In light of our
disposition it is unnecessary for us to resolve this issue.
48-CITE: 537 So.2d 623 Archer E. CHRISTIAN, Appellant, v. COLONIAL PENN INSURANCE COMPANY, Appellee.
TEXT: DELL, Judge. Archer E. Christian appeals from a declaratory judgment that denied his claim
f...VERSED AND REMANDED. LETTS and GUNTHER, JJ., concur. ------------ (FN1) At oral argument,
appellee abandoned its argument based on section 627.635.
49-CITE: 711 So.2d 1347 AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, Petitioner, v. Kim WHEELER,
Respondent.
TEXT: COBB, Judge. American Bankers Insurance Company petitions for certiorari review of a trial
c...for certiorari review and order that the trial court s order be, and the same hereby is,
quashed. ORDER QUASHED. THOMPSON and ANTOON, JJ., concur.
50-CITE: 569 So.2d 842 Gita ROMANO, Appellant, v. TRAVELERS INSURANCE COMPANY, a foreign corporation,
Appellee.
TEXT: PER CURIAM. Gita Romano, the insured, appeals an adverse final summary judgment entered in
f...la. 1st DCA 1980), review denied, 392 So.2d 1381 (Fla.1981), was intended to be applied in a
one-sided manner by an insurer against its own insured.
51-CITE: 479 So.2d 299 Patricia A. MEAD, Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY and Progressive
American Insurance Company, Appellees.
TEXT: PER CURIAM. Affirmed. Stonewall Insurance Co. v. Heter, 438 So.2d 950 (Fla. 4th DCA 1983);
F...First State Insurance Co. v. Stubbs, 418 So.2d 1114 (Fla. 4th DCA 1982), review denied, 426
So.2d 26 (Fla.), review denied, 426 So.2d 29 (Fla.1983).
52-CITE: 573 So.2d 1076 Marie SARKO, Appellant Cross-Appellee, v. FIREMAN S INSURANCE CO. OF NEWARK,
NEW JERSEY, Appellee Cross-Appellant.
TEXT: PER CURIAM. We reverse the summary judgment entered in favor of the defendant on the
plainti...insured s first party claim. REVERSED IN PART; AFFIRMED IN PART. HERSEY, C.J., LETTS,
J., and WALDEN, JAMES H. (Retired), Associate Judge, concur.
53-CITE: 506 So.2d 497 ALLSTATE INSURANCE COMPANY, Petitioner, v. Arthur Russell SWANSON, as Personal
Representative of the Estate of Christina Ann Swanson, Respondent.
TEXT: SHARP, Judge. Allstate Insurance Company seeks certiorari review of an order compelling
disc...ly combining the two causes of action. Accordingly, we issue the writ and quash the discovery
order. WRIT ISSUED. DAUKSCH and COWART, JJ., concur.
54-CITE: 496 So.2d 991 CONTINENTAL INSURANCE COMPANY as Assignee and Subrogee of James Michael Colby,
Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and State Farm Fire And Casualty
Company, Appellees.
TEXT: PER CURIAM. AFFIRMED. Allstate Insurance Co. v. Dairyland Insurance Co., 271 So.2d 457
(Fla....surance Co. v. Dominguez, 420 So.2d 882 (Fla. 2d DCA 1982), rev. denied, 430 So.2d 450
(Fla.1983). HERSEY, C.J., and LETTS and WALDEN, JJ., concur.
55-CITE: 654 So.2d 282 COHEN, SCHERER & COHEN, P.A., a k a Cohen, Scherer, Cohn & Silverman, P.A., and
Fred C. Cohen, Appellant, v. PACIFIC EMPLOYERS INSURANCE COMPANY, Appellee.
TEXT: KLEIN, Judge. The court, sua sponte, dismisses this appeal of an order dismissing a
counterc...judice to appellant s right to appeal the denial of the counterclaim after final
determination of the main claim. POLEN and STEVENSON, JJ., concur.
56-CITE: 498 So.2d 640 HENRY ANGELO & SONS, INC. and H. Angelo & Company, Inc., a k a H. Angelo & Co.,
Inc., Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, Appellee.
TEXT: PER CURIAM. Affirmed. See La Marche v. The Shelby Mutual Insurance Co., 390 So.2d 325
(Fla.1...ompany of America, 323 N.W.2d 58 (Minn.1982); *641 Herbison v. Employees Insurance Company
of Alabama, Incorporated, 593 S.W.2d 923 (Tenn.App.1979).
57-CITE: 495 So.2d 1202 Charles and Ruth CAMPBELL, Appellants, v. FLORIDA FARM BUREAU CASUALTY
INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. Florida Farm Bureau Casualty Insurance Company sought and obtained a judgment
de...and unambiguous language contained in Exclusion No. 11. We agree with the trial court s
construction of the policy and affirm its ruling. Affirmed.
58-CITE: 690 So.2d 683 AMERICAN CHAMBERS LIFE INSURANCE COMPANY, Appellant, v. James POWER, Jr.; Jim
Power & Associates, Inc.; Hayes Power & Associates d b a JPA Insurance; and James Power, Sr,
Appellees.
TEXT: PER CURIAM. We reverse the trial court s dismissal of American Chambers cross claim against
...d unequivocally express an intent to Indemnify a party for its own negligence, it will not be
enforced). GLICKSTEIN, STONE and WARNER, JJ., concur.
59-CITE: 739 So.2d 633 Gloria A. OSPINA, D.D.S., P.A., Appellant, v. SECURITY NATIONAL INSURANCE
COMPANY, Appellee.
TEXT: PER CURIAM. In the underlying case, the trial court properly entered final summary judgment
...notice to the insurance broker of the insured s acquisition of a replacement vehicle was
insufficient to impute knowledge to the carrier. Affirmed.
60-CITE: 545 So.2d 478 Early ROBINSON, Appellant, v. HILLSBOROUGH AREA REGIONAL TRANSIT AUTHORITY,
Appellee.
TEXT: PARKER, Judge. Early Robinson appeals the amended final summary judgment entered in favor
of...llowed in this specific instance is a question of fact for the jury s resolution. REVERSED and
REMANDED. LEHAN, A.C.J., and PATTERSON, J., concur.
61-CITE: 604 So.2d 535 AMERICAN RELIANCE INSURANCE COMPANY, Appellant, v. Virgil RIGGINS and Carolyn B.
Riggins, Appellees.
TEXT: PER CURIAM. This is an appeal by the defendant American Reliance Insurance Company from two
...eversal will necessarily require the trial court upon remand to vacate the order granting
attorney s fees for the plaintiff. Reversed and remanded.
62-CITE: 729 So.2d 532 AUTO-OWNERS INSURANCE COMPANY, Petitioner, v. Roger Lee POTTER and Patricia
Potter, his wife, Respondents.
TEXT: KLEIN, J. Petitioner insurer seeks a writ of certiorari to review a non-final order
determin...s a first party claim for UM coverage. We therefore lack jurisdiction, and dismiss the
petition for certiorari. STEVENSON and HAZOURI, JJ., concur.
63-CITE: 485 So.2d 483 KENT INSURANCE COMPANY, a Florida corporation, Appellant, v. ACUTE ENTERPRISES,
INC., d b a Roly Poly Pizza, Appellee.
TEXT: PER CURIAM. Affirmed. See Yates v. State Farm Fire & Casualty Co., 417 F.2d 766 (5th
Cir.196...ance Co., 241 F.2d 889 (5th Cir.1957); Castoldi v. Hartford County Mutual Fire Insurance
Co., 21 Conn. Supp. 265, 154 A.2d 247, 250 (Super.Ct.1959).
64-CITE: 453 So.2d 500 ROYAL INSURANCE COMPANY OF AMERICA, a foreign corporation, Appellant, v.
VENE-EMBARQUES, INC., a Florida corporation, Appellee.
TEXT: PER CURIAM. In this action brought pursuant to an open marine cargo insurance policy, there
...(question of whether or not loss is within terms of marine cargo insurance policy is one of
fact). The judgment under review is therefore AFFIRMED.
65-CITE: 456 So.2d 1249 HOTEL PROPERTIES, LTD., Appellant, v. HERITAGE INSURANCE COMPANY OF AMERICA, a
corporation, and Mount Vernon Fire Insurance Company, a corporation, Appellees.
TEXT: PER CURIAM. The judgment below, based on the jury s findings that the appellee-insurance
com...r, if any, in submitting the question of coverage to the jury for its decision was totally
harmless under the circumstances of this case. Affirmed.
66-CITE: 636 So.2d 531 Jo Anne C. MORGAN, Appellant, v. COLONIAL PENN INSURANCE COMPANY, a corporation,
Appellee.
TEXT: THREADGILL, Acting Chief Judge. Jo Anne Morgan appeals a final summary judgment in favor of
...State Farm Mutual Automobile Insurance Company, 252 So.2d 229 (Fla.1971), upon which the
appellant relies. Affirmed. BLUE and QUINCE, JJ., concur.
67-CITE: 488 So.2d 121 WJA REALTY LIMITED PARTNERSHIP, Appellant, v. EMPLOYEE BENEFIT CLAIMS, INC., a
Minnesota corporation; Equitable Benefit Plans, Inc., a Florida corporation; and the Hartford
Accident and Indemnity Company, Appellees.
TEXT: BASKIN, Judge. Finding that, contrary to the specific terms of the parties Stop Loss
Agreeme... for July, the month in which the claim was paid. Thus, Hartford was not required to
reimburse WJA for its payment of the claim at issue. Affirmed.
68-CITE: 756 So.2d 1077 BROWARD COUNTY SCHOOL BOARD, a political subdivision, Petitioner, v. Jimmy
JOSEPH, Respondent.
TEXT: PER CURIAM. Broward County School Board petitions for a writ of certiorari from an order
den...n to dismiss, and remand for entry of order granting the motion to dismiss with prejudice.
CERTIORARI GRANTED. DELL, POLEN and GROSS, JJ., concur.
69-CITE: 522 So.2d 1008 William H. HARTNETT and International Funding Corp., Appellants, v. SOUTHERN
AMERICAN FIRE INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal of a trial court order denying several claims
...ony credible. ERVIN, BOOTH and THOMPSON, JJ., concur. ------------ (FN1) Hartnett Insurance
Agency is a corporation operated by appellant Hartnett.
70-CITE: 519 So.2d 663 UTICA MUTUAL INSURANCE COMPANY, a foreign corporation, Appellant, v. UTAH HOME
FIRE INSURANCE COMPANY, a foreign corporation, and Insurance Time Inc., Appellees.
TEXT: PER CURIAM. Affirmed. Wolfson v. Insurance Co. of Florida, 451 So.2d 1005 (Fla. 3d DCA
1984)...1005 (Fla. 3d DCA 1984); Travelers Insurance Co. v. Jones, 422 So.2d 1000 (Fla. 4th DCA
1982); Niesz v. Albright, 217 So.2d 606 (Fla. 4th DCA 1969).
71-CITE: 584 So.2d 105 SCOTTSDALE INSURANCE COMPANY and South Florida Claims Services, Inc.,
Petitioners, v. RICKEY S RESTAURANT, INC., Respondent.
TEXT: PER CURIAM. Petitioner Scottsdale Insurance Company, in this request for a writ of
certiorar...hich may have gone into effect after the date of judgment of the underlying claim. See
Stone. GLICKSTEIN, C.J., and HERSEY and WARNER, JJ., concur.
72-CITE: 444 So.2d 1161 Frank ARENA and Ruth Arena, his wife, Appellants, v. UNITED ARTISTS THEATRE
CIRCUIT, INC., d b a Movies at the Falls, Ambassador Insurance Company and Mission Insurance
Company, Appellees.
TEXT: PER CURIAM. Affirmed. Johnson v. Gulf Life Insurance Company, 429 So.2d 744 (Fla. 3d DCA
198... v. Gulf Life Insurance Company, 429 So.2d 744 (Fla. 3d DCA 1983); Whetzel v. Metropolitan
Life Insurance Company, 266 So.2d 89 (Fla. 4th DCA 1972).
73-CITE: 502 So.2d 966 James P. CORCORAN, as Superintendent of Insurance of the State of New York and
Domiciliary Receiver of Cosmopolitan Mutual Insurance Company, Appellant, v. STATE of Florida, ex
rel., The DEPARTMENT OF INSURANCE of the State of Florida, Appellee. James P. CORCORAN, as
Superintendent of Insurance of the State of New York and Domiciliary Receiver of Consolidated Mutual
Insurance Company, Appellant, v. STATE of Florida, ex rel., The DEPARTMENT OF INSURANCE of the State
of Florida, Appellee.
TEXT: BARFIELD, Judge. In these consolidated appeals we affirm the decisions of the trial court
au...on as necessary expenses of the proceeding pursuant to section 631.152, Florida Statutes (1977
and 1979). AFFIRMED. SMITH and JOANOS, JJ., concur.
74-CITE: 671 So.2d 814 MARSHALL ROOFING, INC., Appellant, v. Stanley R. GUMBERG, Trustee, Reliance
Insurance Company, Old Republic Insurance Company, and Bruce Hollander, Appellees.
TEXT: PER CURIAM. The pleadings, depositions and affidavits in the record reveal a genuine issue
o...surance premiums is not to be considered, as this issue was not raised by the pleadings or by
the parties. GLICKSTEIN, DELL and POLEN, JJ., concur.
75-CITE: 490 So.2d 178 Frank BENCHINA, Appellant, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellee.
TEXT: ON MOTION FOR REHEARING AND ALTERNATIVE MOTION FOR CLARIFICATION PER CURIAM. We deny GEICO
...So.2d 444 (Fla. 5th DCA 1982). REVERSED and REMANDED for further proceedings. UPCHURCH and
SHARP, JJ., and GOSHORN, G.S., Associate Judge, concur.
76-CITE: 463 So.2d 1236 Patricia H. PAGE, as Personal Representative of the Estate of Fred T. Page, on
behalf of the Estate and Survivors, Appellant, v. Joseph L. BURD, Clara Burd, Allstate Insurance
Company, Dennis J. O Donnell, The Travelers Insurance Company, and National Car Rental System, Inc.,
Appellees.
TEXT: PER CURIAM. Affirmed. See Iglesia v. Floran, 394 So.2d 994 (Fla.1981); Proprietors
Insurance... Royal Indemnity Co., 57 Wis.2d 588, 204 N.W.2d 897 (Wis.1973); Oliver v. Travelers
Insurance Co., 103 Wis.2d 644, 309 N.W.2d 383 (Wis.Ct.App.1981).
77-CITE: 659 So.2d 487 Paul David SCAGLIARINI, Barnett Banks Insurance, Inc., and Barnett Mortgage
Company, Appellants, v. STATE of Florida, DEPARTMENT OF INSURANCE; Tom Gallagher, Insurance
Commissioner and Treasurer for the State of Florida, Appellee.
TEXT: BARFIELD, Judge. The final order of the Department of Insurance is reversed and this case
is...ecessor was a successor agent to a grandfathered agent in compliance with section 626.988(5),
Florida Statutes (1991). KAHN and DAVIS, JJ., concur.
78-CITE: 458 So.2d 439 Thressia IVEY, Appellant, v. HULL & COMPANY, INC., a Florida corporation,
Appellee.
TEXT: LEHAN, Judge. Notwithstanding the well presented argument on behalf of plaintiff we affirm
t...nce policy to plaintiff. See AMI Insurance Agency v. Elie, 394 So.2d 1061, 1062 (Fla. 3d DCA
1981). Affirmed. RYDER, C.J., and DANAHY, J., concur.
79-CITE: 601 So.2d 1285 Ben MEADOWS, Jr., Appellant, v. PROGRESSIVE CASUALTY INSURANCE COMPANY,
Appellee.
TEXT: PER CURIAM. This is the appeal of a summary final judgment denying appellant s claim for
uni...---------- (FN2) Section 627.727(1), -.727(3)(b), Fla.Stat. (1987). (FN3) Which it defines as
one for which no liability bond or policy applies. . .
80-CITE: 706 So.2d 960 Anixis KAZOURIS, Appellant, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellee.
TEXT: HARRIS, Judge. The issue in this cage is whether the insurer can insist on an independent
me...ees Insurance Company, 613 So.2d 101 (Fla. 3d DCA), rev. denied, 620 So.2d 760 (Fla.1993), and
affirm. AFFIRMED. W. SHARP and ANTOON, JJ., concur.
81-CITE: 460 So.2d 576 WEST AMERICAN INSURANCE COMPANY and the Ohio Casualty Insurance Company,
Appellants, v. Vincent A. LLOYD, as Personal Representative of the Estate of Anita M. LoPresti
Zacharakis, deceased, and First American Title Company of St. Lucie County, Inc., Appellees.
TEXT: PER CURIAM. We affirm on the authority of Ferrigno v. Progressive American Insurance Co.,
42...a. 4th DCA 1982); Ruiz v. Prudential Property and Casualty Insurance Co., 441 So.2d 681 (Fla.
3rd DCA 1983). DOWNEY, LETTS and HURLEY, JJ., concur.
82-CITE: 487 So.2d 1223 ALLSTATE INSURANCE COMPANY, Appellant, v. JILL BARBA, Appellee.
TEXT: PER CURIAM. The supreme court in Allstate Insurance Company v. Boynton, 486 So.2d 552
(Fla.1...ellee and remand this case for further proceedings. REVERSED and REMANDED. GLICKSTEIN and
DELL, JJ., and GOLDMAN, MURRAY, Associate Judge, concur.
83-CITE: 589 So.2d 331 FALCON TERMITE & PEST CONTROL, INC., etc., Appellant, v. FLORIDA INSURANCE
GUARANTY ASSOCIATION, etc., Appellee.
TEXT: PETERSON, Judge. Falcon Termite & Pest Control, Inc. (Falcon), appeals from a judgment in
fa...nst Falcon, and remand to the trial court for further proceedings. REVERSED and REMANDED. W.
SHARP, J., and SAWAYA, T.D., Associate Judge, concur.
84-CITE: 442 So.2d 396 GIFFEN ROOFING COMPANY, INC., and Giffen Industries of Orlando, Inc.,
Appellants, v. DHS DEVELOPERS, INC., and Tuttle White Constructors, Inc., et al., Appellees.
TEXT: ORFINGER, Chief Judge. The narrow issue before us on this appeal is whether a liability
insu...es, and the court was correct in entering a judgment on the pleadings, which judgment is
AFFIRMED COWART, J., and WATSON, Associate Judge, concur.
85-CITE: 627 So.2d 1207 UNION BANKERS INSURANCE COMPANY, Appellant Cross Appellee, v. Christina
DiPAOLO, a minor, by and through her Guardian Hazel DiPaolo and Hazel DiPaolo, Individually and as
Parent and Natural Guardian, Appellee Cross Appellant.
TEXT: FARMER, Judge. We affirm on all issues but write to explain our reasoning on only one. In
th... for the medical expenses arising from their daughter s care and treatment for the condition in
suit. AFFIRMED. DELL, C.J., and STONE, J., concur.
86-CITE: 448 So.2d 1190 Gay N. SALYER, Appellant, v. GAINESVILLE, DODGE, INC., a Florida corporation,
Osceola Truckin Company, a Florida corporation, and Liberty Mutual Insurance Co., a foreign
corporation, Appellees.
TEXT: PER CURIAM. All parties in this appeal have stipulated that this Court s decision is to be
g...nst both the corporate defendants and their insurance carriers must be permitted. REVERSED and
REMANDED. SMITH, WENTWORTH and JOANOS, JJ., concur.
87-CITE: 544 So.2d 1049 Kathleen LEAF, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
Appellee.
TEXT: PER CURIAM. Appellant, Kathleen Leaf, filed a petition to compel arbitration against
appelle...and remand for the determination of a reasonable attorney s fees award. GLICKSTEIN,
GUNTHER, JJ., and ROBINSON, STEVEN D., Associate Judge, concur.
88-CITE: 658 So.2d 1006 GENERAL ACCIDENT FIRE AND LIFE INSURANCE CORPORATION, LTD., Petitioner, v.
Charlotte BOUDREAU, Respondent.
TEXT: PER CURIAM. General Accident Fire and Life Insurance Corp., Ltd., (General), seeks
certiorar...exist, the fiduciary obligation existed from the time General received notice of the
claim. DENIED. PETERSON, DIAMANTIS and THOMPSON, JJ., concur.
89-CITE: 534 So.2d 908 Daniel P. BROWN, Appellant, v. DEALERS INSURANCE COMPANY and Florida Managing
General Agency, Inc., # 555, Appellees.
TEXT: PER CURIAM. The summary final judgment for appellees, Dealers Insurance Company and Florida
... Midland National Life Insurance Co., 402 So.2d 1193 (Fla. 3d DCA 1981). REVERSED AND REMANDED.
SMITH, C.J., and ZEHMER and BARFIELD, JJ., concur.
90-CITE: 526 So.2d 66 LIBERTY MUTUAL INSURANCE COMPANY, Petitioner, v. Frank CHAMBERS and Brunetta
Chambers, his wife, Respondents.
TEXT: PER CURIAM. We review Chambers v. Liberty Mutual Insurance Co., 511 So.2d 608 (Fla. 3d DCA
1...r proceedings consistent with this decision. It is so ordered. McDONALD, C.J., and OVERTON,
EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
91-CITE: 468 So.2d 456 Myrta E. HESSLEY and Phyllis J. Hammel as Executrices of the Estate of Benjamin
C. Hamilton, deceased, Robert Terry Hamilton and Myrta E. Hessley, as Personal Representative of the
Estate of Helen Martin Hamilton, deceased, Appellants Cross-Appellees, v. THE TRAVELERS INDEMNITY
COMPANY, Appellee Cross-Appellant.
TEXT: PER CURIAM. The plaintiffs herein appeal a final judgment entered on an adverse jury
verdict...our affirmance on the main appeal, the points raised on the cross appeal become moot. The
final judgment appealed from is in all respects Affirmed.
92-CITE: 689 So.2d 451 Kay C. PERCEFULL, as Guardian of the person and property of Rip Von Percefull,
an incompetent, Appellant, v. LUMBERMENS MUTUAL CASUALTY CO., a foreign corp., and Reserve Life
Insurance Co., a foreign corp., as successor--in interest and or assignee of Professional Insurance
Corp., a Florida corp., as successor in interest and or assignee of Lumbermens Mutual Casualty,
Appellees.
TEXT: PER CURIAM. We affirm as to all issues. With respect to appellant s claim that the
insurance...ibility. We cannot find that the trial court abused its discretion in making its factual
findings. Affirmed. STONE, WARNER and POLEN, JJ., concur.
93-CITE: 632 So.2d 271 HOME HEALTH SERVICES and Selective Insurance Company, Appellants, v. Chattie
FIELDS, Appellee.
TEXT: ERVIN, Judge. The employer carrier (E C), Home Health Services and Selective Insurance
Compa...(Fla.Ind. Comm n 1953), cert. denied, 85 So.2d 757 (Fla.1955). (FN2) Lewis v. Town & Country
Auto Body Shop, 447 So.2d 403, 406 (Fla. 1st DCA 1984).
94-CITE: 584 So.2d 75 Margaree SCARLETT, et al., Appellants, v. PUBLIC HEALTH TRUST OF DADE COUNTY,
Florida, etc., Appellees.
TEXT: PER CURIAM. Appellant Margaree Scarlett fell out of a chair in the waiting room of Jackson
M...e hospital s favor was properly granted as to this claimant. Accordingly, the decision of the
trial court is reversed in part and affirmed in part.
95-CITE: 563 So.2d 819 Pamela McINTYRE, Appellant, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Appellee.
TEXT: ORFINGER, M., Associate Judge. We affirm the summary final judgment appealed from which
dete...United States Aviation Underwriters, Inc. v. Sunray Airline, Inc., 543 So.2d 1309 (Fla. 5th
DCA 1989). AFFIRMED. W. SHARP and COWART, JJ., concur.
96-CITE: 666 So.2d 1034 FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY, Appellant, v. Joyce C. ZARAHN,
Mother and next friend of Shawnda Zarahn, a minor, Appellee.
TEXT: VAN NORTWICK, Judge. Florida Farm Bureau Mutual Insurance Company appeals a final judgment
r...ROUGHT UNDER THE UNINSURED MOTORIST PROVISIONS OF AN AUTOMOBILE INSURANCE POLICY ISSUED PRIOR
TO ITS EFFECTIVE DATE? JOANOS and WOLF, JJ., concur.
97-CITE: 441 So.2d 1181 Steven Wayne ELLIS, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE
COMPANY, Appellee.
TEXT: PER CURIAM. Affirmed. See New Hampshire Insurance Group v. Harbach, 439 So.2d 1383
(Fla.1983...utomobile Insurance Co. v. Kuhn, 374 So.2d 1079 (Fla. 3d DCA 1979). RYDER, A.C.J.,
DANAHY, J., and CLARKE, Thomas L., Jr., Associate Judge, concur.
98-CITE: 747 So.2d 1040 PARADIGM INSURANCE COMPANY, Appellant, v. P & C INSURANCE SYSTEMS, INC.,
Antonio Perez, as parent and legal guardian and next friend of Anthony Perez, a minor, and Pablo
Conde, Appellees.
TEXT: COPE, J. Paradigm Insurance Company appeals a declaratory judgment entered after bench
trial... of insurance coverage for the loss, we conclude that the acts are logically related for
purposes of the notice provision of the policy. Affirmed.
99-CITE: 466 So.2d 1207 Humberto TAMBURRINO, Appellant, v. SOUTH CAROLINA INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. Affirmed. See Colonial Penn Insurance Co. v. Williams, 461 So.2d 130 (Fla. 3d
DC...l Penn Insurance Co. v. Williams, 461 So.2d 130 (Fla. 3d DCA 1984); Bradley v. Government
Employees Insurance Co., 460 So.2d 981 (Fla. 3d DCA 1984).
100-CITE: 446 So.2d 1142 BIRMINGHAM FIRE INSURANCE COMPANY OF PENNSYLVANIA, a New York corporation, and
North American Managers, Inc., a foreign corporation, Appellants, v. MOSS MANUFACTURING, INC., a
Florida corporation, and Alan D. Fulton Insurance, Inc., Appellees.
TEXT: HENDRY, Judge. Appellant Birmingham Fire Insurance Co. appeals from a final judgment
awardin...issal of its claim for punitive damages by the trial court has been considered and we have
concluded that no error has been demonstrated. Affirmed.
101-CITE: 453 So.2d 202 MILLER YACHT SALES, INC., f u b o Aetna Insurance Company, Appellant, v. MISSION
MARINE ASSOCIATES, INC., d b a Pacemaker Yacht Co., et al., Appellees.
TEXT: PER CURIAM. Affirmed. We find no error in the trial court s entry of summary judgment on
the...fety system or to warn of the lack thereof, fell outside of the exclusion. ANSTEAD, C.J.,
DOWNEY, J., and RODGERS, EDWARD, Associate Judge, concur.
102-CITE: 632 So.2d 1046 CASUALTY INDEMNITY EXCHANGE, Appellant, v. PENROD BROTHERS, INC., Appellee
TEXT: JORGENSON, Judge. Casualty Indemnity Exchange appeals from an order dismissing its
complaint...he breach of contract is the cost of the insurance premiums the landlord paid to its
insurer; the landlord has not sought to recover those payments.
103-CITE: 436 So.2d 160 Wilhelmener HARRIS, Appellant, v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY,
Appellee.
TEXT: PER CURIAM. Affirmed. See Denmark v. Nationwide Mutual Fire Insurance Co., 384 So.2d 912
(Fl...atherby Insurance Co., 338 So.2d 70 (Fla. 3d DCA 1976), cert. denied, 345 So.2d 429
(Fla.1977). BOARDMAN, A.C.J., and SCHEB and RYDER, JJ., concur.
104-CITE: 537 So.2d 619 Nelson RODRIGUEZ, Appellant, v. FORTUNE INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. The insured appeals a summary final judgment entered pursuant to the insurance
c...tion for a determination of the insured s claim on the merits, as sufficient fact issues exist
to preclude summary judgment. REVERSED AND REMANDED.
105-CITE: 741 So.2d 1247 Rohit K. SAM (Seam) Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Rohit K. Sam appeals a judgment of restitution in favor of the Florida
Departmen...t complies with section 938.27, Florida Statutes (1997). Reversed and remanded. *1248
ALTENBERND, A.C.J., and NORTHCUTT and SALCINES, JJ., Concur.
106-CITE: 710 So.2d 1020 AMERICAN TITLE INSURANCE COMPANY, Appellant, v. Robert M. CARTER a k a Michael
Carter, and Elizabeth K. Carter, Appellees.
TEXT: THOMPSON, Judge. American Title Insurance appeals a judgment ruling that it is responsible
f... the *1022 judgment and remand for further proceedings consistent with this opinion. REVERSED
and REMANDED. GRIFFIN, C.J., and ANTOON, J., concur.
107-CITE: 546 So.2d 1101 PMR CONSTRUCTION, INC., Appellant, v. RANGER INSURANCE COMPANY, et al.,
Appellees.
TEXT: PER CURIAM. The appeals involved here are from entries of final summary judgment for all
def...on this issue. However, as to the other two appellees, the summary judgments are affirmed.
*1102 Affirmed in part, reversed in part, and remanded.
108-CITE: 431 So.2d 689 INTERNATIONAL FIDELITY INSURANCE COMPANY, a New Jersey corporation, Appellant,
v. The STATE of Florida, for the Use and Benefit of DADE COUNTY, Appellee.
TEXT: PER CURIAM. We affirm the final judgment of forfeiture on a holding that a surety may not
cl...eated the impossible condition. See Public Service Mutual Insurance Co. v. *690 State, 135
So.2d 777 (Fla. 1st DCA 1961); ch. 903, Fla.Stat. (1982).
109-CITE: 696 So.2d 497 LIBERTY MUTUAL INSURANCE COMPANY, a foreign insurance company, Petitioner, v.
Regis COOK and Rosina Pereira Cook, Respondents.
TEXT: PER CURIAM. The order below, which refused to stay a bad faith claim against the carrier
pen...Co. v. Navarro, 642 So.2d 1200 (Fla. 3d DCA 1994); Michigan Millers Mut. Ins. Co. v. Bourke,
581 So.2d 1368 (Fla. 2d DCA 1991). Certiorari granted.
110-CITE: 610 So.2d 695 STATE of Florida, DEPARTMENT OF INSURANCE, as Receiver of National United
Insurance Company, Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver of First
American Bank & Trust National Association, Appellee.
TEXT: PER CURIAM. We affirm the trial court s order granting the motion by the Federal Deposit
Ins...s District court for the District of Columbia. 12 U.S.C. Section 1821(d)(6)(A) (1989 &
Supp.1992). Accordingly, the order under review is affirmed.
111-CITE: 584 So.2d 136 Hassan HAMIDE, Appellant, v. STATE of Florida, DEPARTMENT OF CORRECTIONS,
Appellee.
TEXT: WIGGINTON, Judge. The issues presented in this appeal are whether the notice provisions in
s...d Rehabilitative Services, 493 So.2d 17 (Fla. 5th DCA 1986). AFFIRMED. WOLF, J., concurs. *138
WENTWORTH, Senior Judge, dissents without opinion.
112-CITE: 715 So.2d 1126 Dario LABRADA and Maria Del Carmen Calero, his wife, Appellants, v.
METROPOLITAN DADE COUNTY, etc., Appellee.
TEXT: PER CURIAM. Plaintiffs, Dario Labrada and Maria Del Cannen Calero, his wife, appeal from a
s...County, 661 So.2d 1296 (Fla. 3d DCA 1995). For the above reasons, the judgment below is
reversed, and the case is remanded for further proceedings.
113-CITE: 622 So.2d 77 Dorothy G. GARTLEY, Appellant, v. Herbert B. GARTLEY, Appellee.
TEXT: BLUE, Judge. Herbert Gartley (Herbert) died, leaving a former wife with an unfulfilled
prope...and for further proceedings. In all other respects, we agree with the ruling of the trial
court and affirm. DANAHY, A.C.J., and PARKER, J., concur.
114-CITE: 486 So.2d 4 HIGHLANDS INSURANCE COMPANY, Appellant, v. Mildred McCUTCHEN, Appellee.
TEXT: HENDRY, Judge. Highlands Insurance Company appeals from the entry of a final summary
judgmen...hlands Insurance, the trial court has a panoply of remedies available to it to make
certain that our mandate is carried out. Reversed and remanded.
115-CITE: 712 So.2d 811 Demetrious CYRUS, Appellant, v. STATE of Florida, Appellee.
TEXT: ON MOTION FOR REHEARING PER CURIAM. We withdraw our previously issued opinion and
substitut...t he had owned before the theft. Accordingly, we affirm the restitution order in its
entirety. Affirmed. GLICKSTEIN, DELL and WARNER, JJ., concur.
116-CITE: 644 So.2d 576 CUSHMAN FRUIT AND CLAIMS, Capabilities, Inc. (FFV), Appellants, v. CUSHMAN FRUIT
and Riscorp (FCF), Appellees.
TEXT: WENTWORTH, Senior Judge. This is an appeal from an order of a judge of compensation claims
g...mpany, 379 So.2d 970 (Fla. 1st DCA 1979) Therefore, FFV was the carrier at risk on December 20,
1992. . . . AFFIRMED. MINER and WOLF, JJ., concur.
117-CITE: 442 So.2d 216 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. Walter LEWIS, et
ux., Respondents.
TEXT: OVERTON, Justice. This is a petition to review a decision of the Fourth District Court of
Ap...he district court in the instant case. It is so ordered. ALDERMAN, C.J., and BOYD, McDONALD,
EHRLICH and SHAW, JJ., concur. ADKINS, J., dissents.
118-CITE: 687 So.2d 366 Jodi Lerman ANDREWS, Appellant, v. CAPACITY INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. Affirmed. Appellant, the injured party, appeals a judgment on the pleadings in
f...uous wording of the exclusion and therefore Capacity had no duty to defend the claim against the
bar. GLICKSTEIN, STONE and STEVENSON, JJ., concur.
119-CITE: 604 So.2d 578 STATE FARM FIRE AND CASUALTY COMPANY, Appellant, v. Timothy Leon WINGATE,
Appellee.
TEXT: PER CURIAM. The insurer (State Farm) appeals from a non-final order, denying its motion to
s...A 1990), and State Farm Fire & Casualty Co. v. Glass, 421 So.2d 759, 761 (Fla. 4th DCA 1982).
GLICKSTEIN, C.J., and GUNTHER and POLEN, JJ., concur.
120-CITE: 576 So.2d 1348 Patricia P. BURGESS, Appellant Cross-Appellee, v. Thomas R. BURGESS, Appellee
Cross-Appellant.
TEXT: PER CURIAM. The husband seeks review of the trial court s award of lump sum alimony to the
w...r his present insurance policy. Affirmed and remanded for correction of the final judgment.
SCHEB, A.C.J., and THREADGILL and PARKER, JJ., concur.
121-CITE: 536 So.2d 1065 Edith F. DICKERSON, Appellant, v. ESCAMBIA COUNTY BOARD OF COUNTY
COMMISSIONERS, Appellee.
TEXT: BARFIELD, Judge. Edith Dickerson appeals a final summary judgment in favor of the Escambia
C...y Board of County Commissioners is REVERSED and the case is REMANDED to the trial court for
further proceedings. JOANOS and WIGGINTON, JJ., concur.
122-CITE: 608 So.2d 74 Jorge ORTEGA, Appellant, v. FORTUNE INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. This appeal is brought from an order denying attorney s fees. Owing to a
cleric...error which triggered the obligation to also pay attorney s fees. Wollard v. Lloyds and
Companies, 439 So.2d 217 (Fla.1983). Reversed and remanded.
123-CITE: 524 So.2d 677 LAWYERS PROFESSIONAL LIABILITY INSURANCE COMPANY and Florida Insurance Guaranty
Association, Appellants, v. DOLAN, FERTIG & CURTIS, Appellee.
TEXT: OWEN, WILLIAM C., Jr., Retired, Associate Judge. The issue here is whether an exclusion in
t...g counts of appellee s third amended complaint. Reversed and remanded for further proceedings
consistent herewith. ANSTEAD and LETTS, JJ., concur.
124-CITE: 441 So.2d 169 PUBLIC INSURANCE CONSULTANT, INC., Appellant, v. PENINSULAR FIRE INSURANCE
COMPANY and Zurich Insurance Company, Appellees.
TEXT: PER CURIAM. Affirmed. See Martin v. Johnson, 54 Fla. 487, 44 So. 949 (1907); Pinon v.
Intern...tional Harvester Co., 390 So.2d 154 (Fla. 3d DCA 1980); Aerovias Panama, S.A. v. Air
Carrier Engine Service, Inc., 195 So.2d 230 (Fla. 3d DCA 1967).
125-CITE: 589 So.2d 425 Maria CASTRO, Appellant, v. FELLSMERE MANAGEMENT and Nationwide Insurance
Company, Appellees.
TEXT: PER CURIAM. Maria Castro (claimant) appeals from a final order of the judge of compensation
...mental benefits from January 1, 1990. (FN2) The PTD date is critical in determining entitlement
to supplemental benefits in accordance with Renfroe.
126-CITE: 625 So.2d 139 A AAAH AUTO CASH REGISTER AUTO INSURANCE OF JAX, INC., A AAAH Auto Cash Register
Auto Insurance of Arlington, Inc., A AAAH Auto Cash Register Auto Insurance of West Side, Inc., A
AAAH Auto Cash Register Auto Insurance of Orange Park, Inc., Petitioners, v. DEPARTMENT OF INSURANCE
AND TREASURER, Respondent.
TEXT: PER CURIAM. The petition for review of nonfinal administrative action is denied. The
matters...he subpoenas at issue. See Carrow v. Department of Professional Regulation, 453 So.2d 842
(Fla. 1st DCA 1984). ERVIN, JOANOS and WOLF, JJ., concur.
127-CITE: 520 So.2d 689 BALBOA INSURANCE COMPANY, a California corporation, Appellant, v. ENVOY FINANCE
CORPORATION, a Florida corporation, Appellee.
TEXT: PER CURIAM. Finding genuine issues of material fact as to the amount of the unpaid balances
...er than the times that Balboa received notices of cancellation; *690 and to recalculate the
amount due to Envoy accordingly. Reversed and remanded.
128-CITE: 509 So.2d 366 SUNSET COMMERCIAL BANK, Appellant, v. FLORIDA DEPARTMENT OF INSURANCE, Appellee.
TEXT: WENTWORTH, Judge. Sunset Commercial Bank appeals an order denying its motion for a refund
of...asserted pursuant to section 631.281, Florida Statutes. The order appealed is reversed and the
cause remanded. WIGGINTON and NIMMONS, JJ., concur.
129-CITE: 721 So.2d 421 Elizabeth GALVIS, Petitioner, v. ALLSTATE INSURANCE COMPANY, Respondent.
TEXT: SCHWARTZ, Chief Judge. The issue and procedural posture of this case are identical to those
...disclosures required by the Code of Ethics. Rios, 714 So.2d at 549. Certiorari granted.
------------ (FN1) Rios was decided after the orders below.
130-CITE: 550 So.2d 12 TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut,
Appellant, v. OVERSEAS ACE HARDWARE, INC., a corporation of the State of Florida; Lig Insurance
Agency, Inc., a corporation of the State of Missouri; and Robert J. Hoffman, Appellees.
TEXT: GERSTEN, Judge. Appellant, Travelers Indemnity Company (Travelers), appeals from a final
sum...on on the question of what constitutes the deductible in an umbrella policy, See generally R.
Keeton & A. Widiss, Insurance Law Section 3.11 (1988).
131-CITE: 491 So.2d 1302 Constantine MILANO, Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, a foreign
corporation, Appellee.
TEXT: PER CURIAM. Affirmed. Section 627.727(1), Fla.Stat. (1983); see Fireman s Fund Insurance
Co.... Fireman s Fund Insurance Co. v. Pohlman, 485 So.2d 418, 420 (Fla.1986); Sentry Insurance A
Mutual Co. v. McGowan, 425 So.2d 98 (Fla. 5th DCA 1982).
132-CITE: 506 So.2d 475 John C. PARKER, Appellant, v. ATLAS MUTUAL INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from a summary judgment entered in favor of
At...of the vehicle. Accordingly, the judgment below is affirmed. BOOTH, C.J., and MILLS, J.,
concur. WENTWORTH, J., dissents without written opinion.
133-CITE: 700 So.2d 421 Barth SATULOFF, C.P.A., Appellant, v. AMERICAN RELIANCE INSURANCE COMPANY,
Appellee.
TEXT: PER CURIAM. Barth Satuloff, the plaintiff in a suit for breach of an insurance contract,
app...toration because American Reliance had combined the amount admittedly due for data restoration
with the disputed amount for loss of business income.
134-CITE: 446 So.2d 1119 CHARTER OAK FIRE INSURANCE COMPANY, Appellant, v. INTERNATIONAL COMEX
CORPORATION, Appellee.
TEXT: PER CURIAM. Affirmed. Emmco Insurance Company v. Marshall Flying Service, Inc., 325 So.2d
45...ance Company v. Marshall Flying Service, Inc., 325 So.2d 453 (Fla. 2d DCA 1976); Aetna
Insurance Company v. King, 265 So.2d 716 (Fla. 1st DCA 1972).
135-CITE: 559 So.2d 1235 POE & ASSOCIATES, INC., Appellant, v. ESTATE OF Ronald VOGLER, deceased, Ronald
W. Vogler, P.A., and Leopoldo Hernandez, Appellees.
TEXT: BASKIN, Judge. Poe & Associates, Inc., [Poe] appeals a final summary judgment declaring it
l...tel, Inc., 518 So.2d 943 (Fla. 3d DCA 1987), review denied, 528 So.2d 1181 (Fla.1988); Abrams v.
Paul, 453 So.2d 826 (Fla. 1st DCA 1983). Affirmed.
136-CITE: 433 So.2d 25 SAFECO INSURANCE COMPANY OF AMERICA, Petitioner, v. Nancy (Lloyd) CAMPBELL,
Respondent.
TEXT: BOARDMAN, Judge. Respondent Nancy Campbell sued petitioner Safeco Insurance Company for
comp...e damages claim is also quashed and the cause remanded for further proceedings consistent
with this opinion. HOBSON, A.C.J., and SCHEB, J., concur.
137-CITE: 634 So.2d 712 EDWARD J. GERRITS, INC., Appellant, v. NATIONAL UNION FIRE INSURANCE CO. OF
PITTSBURGH, PENNSYLVANIA, Appellee.
TEXT: PER CURIAM. This is an appeal by the plaintiff insured Edward J. Gerrits, Inc. from an
adver...ment of damages, costs, and attorney s fees in the prior lawsuit. The final summary judgment
under review is, therefore, in all respects, Affirmed.
138-CITE: 525 So.2d 922 Ronald T. PASCALE and Leonard C. Chandler, Appellants, v. DEPARTMENT OF
INSURANCE, Appellee.
TEXT: PER CURIAM. Finding that the evidence of sliding (FN1) did not meet the test of clear and
co...d remanded with directions. ------------ (FN1) A term used in the insurance industry which
means adding coverage which the client had not requested.
139-CITE: 648 So.2d 230 Daisy AKIBOH, Appellant, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA,
Appellee.
TEXT: BLUE, Judge. Daisy Akiboh appeals an adverse summary judgment in her declaratory action
that...Akiboh is not entitled to any benefits. We remand for further proceedings consistent with
this opinion. ALTENBERND, A.C.J., and QUINCE, J., concur.
140-CITE: 557 So.2d 221 MANSFIELD INDUSTRIAL COATINGS, INC., Appellant, v. EMPLOYERS NATIONAL INSURANCE
CORP., Appellee.
TEXT: WIGGINTON, Judge. Appellant appeals the trial court s entry of summary judgment in favor of
...rial judge was correct in applying the policy exclusion to appellant s third-party claim against
appellee. AFFIRMED. MINER and ALLEN, JJ., concur.
141-CITE: 469 So.2d 873 INTERNATIONAL PATROL AND DETECTIVE AGENCY, INC., Appellant, v. EAGLE FAMILY
DISCOUNT STORES, INC., and Liberty Mutual Insurance Co., Appellees.
TEXT: PER CURIAM. We affirm the final summary judgment under consideration upon a holding that
the...29 So.2d 744 (Fla. 3d DCA 1983); Proprietors Insurance Co. v. Siegel, 410 So.2d 993 (Fla. 3d
DCA 1982). The remaining points lack merit. Affirmed.
142-CITE: 603 So.2d 653 UNION AMERICAN INSURANCE COMPANY, Appellant, v. Luis FERNANDEZ, Appellee.
TEXT: PER CURIAM. This is an appeal by the insurer Union American Insurance Company from a final
s.... Co., 508 So.2d 436 (Fla. 3d DCA 1987); Blue Cross Blue Shield of Fla., Inc. v. Mignolet, 475
So.2d 965 (Fla. 3d DCA 1985). Reversed and remanded.
143-CITE: 548 So.2d 894 Lucio AVILA, Plaintiff Appellant, v. LATIN AMERICAN PROPERTY AND CASUALTY
INSURANCE COMPANY, Defendant Appellee.
TEXT: GERSTEN, Judge. This appeal arises form an order denying the award of attorney s fees to an
...attorney s fees. Fortune Insurance Company v. Brito, 522 So.2d at 1029-30. Reversed and remanded
for proceedings not inconsistent with this opinion.
144-CITE: 465 So.2d 1307 Sheri Jackson SALLADE and Dennis Sallade, Appellants, v. COLONIAL INSURANCE
COMPANY OF CALIFORNIA, Appellee.
TEXT: SHIVERS, Judge. Appellants, plaintiffs in the proceedings below, appeal from a final
summary...d motorist coverage must be knowingly made, becomes moot. Accordingly, the judgment of
the lower court is AFFIRMED. BOOTH and ZEHMER, JJ., concur.
145-CITE: 435 So.2d 929 HARTFORD INSURANCE COMPANY, Appellant, v. CANAL INSURANCE COMPANY, Appellee.
TEXT: THOMPSON, Judge. Hartford Insurance Company (Hartford) appeals a final order awarding Canal
..., the facts on which the earlier decision was predicated did not continue to be the facts in the
later case; therefore the doctrine is inapplicable.
146-CITE: 452 So.2d 1056 GISELA INVESTMENTS, N.V. and Continental Moving and Storage, Inc., by and
through their assignees, Meekins-Bamman Prestress, Inc., Puritan Insurance Company and Pinetop
Insurance Company, Appellants, v. LIBERTY MUTUAL INSURANCE COMPANY, Appellee.
TEXT: FERGUSON, Judge. A provision in a policy of insurance which prohibits assignment thereof
exc...s witness. A deposition of that testimony was not filed because it was unrelated to the legal
question presented in the motion for summary judgment.
147-CITE: 480 So.2d 1335 INSURANCE COMPANY OF NORTH AMERICA, United States Fire Insurance Company, and
Montwood Inc., d b a Woodmont Country Club, Appellants, v. HAACK CRAWFORD & ASSOCIATES ARCHITECTS
ENGINEERS PLANNERS, INC., and International Surplus Lines Insurance Company, Appellees.
TEXT: BARKETT, Judge. We find that the appellees are beneficiaries of the insurance policy
purchas...rica v. E.L. Nezelek, Inc., 480 So.2d 1333 (Fla. 4th DCA 1985) issued simultaneously
herewith. AFFIRMED. HERSEY, C.J., and GLICKSTEIN, J., concur.
148-CITE: 496 So.2d 232 Roger YOUNG and Aqua Shield Roofing, Inc., Appellants, v. TRAVELERS INSURANCE
CO., Appellee.
TEXT: WENTWORTH, Judge. Appellant Aqua shield seeks review of a workers compensation order by
whic...ress Aqua Shield s further assertion that Travelers should be estopped, by its unqualified
acceptance of additional premiums, from denying coverage.
149-CITE: 486 So.2d 56 Cristela LONDON, individually and as Personal Representative of the Estate of
Harry London, Appellant, v. FLORIDA INSURANCE GUARANTY ASSOCIATION, INCORPORATED, Appellee.
TEXT: PER CURIAM. Finding no merit in appellee s contention that appellant s settlement with the
d..., Fla.Stat. (1983); see Martino v. Florida Insurance Guaranty Association, 383 So.2d 942 (Fla.
3d DCA 1980). Reversed and remanded with directions.
150-CITE: 718 So.2d 936 Armando DANIEL, Julio Caesar Daniel and Marlen Daniel, Appellants, v. FLORIDA
RESIDENTIAL PROPERTY AND CASUALTY JOINT UNDERWRITING ASSOCIATION and Guy Brickman Insurance Agency,
Appellees.
TEXT: PER CURIAM. Insureds appeal the final summary judgment entered in favor of their insurer
and...ingly, the order under review is reversed as to the claim for negligence and remanded for
further proceedings, the balance of the order is affirmed.
151-CITE: 625 So.2d 112 UNION AMERICAN INSURANCE COMPANY, Appellant, v. Marie LEE, Appellee.
TEXT: PER CURIAM. Plaintiff filed suit for personal injury protection benefits against the
insurer...ontrary to the public policy behind our no-fault insurance law. Affirmed. HERSEY, and
KLEIN, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
152-CITE: 502 So.2d 1012 Karen DAVIS, Appellant, v. GULF LIFE INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. This is an appeal by the plaintiff Karen Davis from a final summary judgment in
...udential Ins. Co., 480 So.2d 666, 667 (Fla. 5th DCA 1985); Bowen v. Aetna Life & Casualty Co., 10
F.L.W. 2659 (Fla. 3d DCA Dec. 3, 1985). Affirmed.
153-CITE: 499 So.2d 61 Max PAWLIK and Ernestine Pawlik, his wife, Appellants, v. Kent STEVENS and O
Neil, Lee & West, Inc., a Florida corporation, Insurance Company of North America, Appellees.
TEXT: COWART, Judge. In this action by an insured against an insurance agent, an insurance
agency,... of the affordability to him of greater UM coverage as compared to the lesser UM
coverage). REVERSED AND REMANDED. DAUKSCH and SHARP, JJ., concur.
154-CITE: 606 So.2d 708 TRADEWINDS CONSTRUCTION and Aetna Life and Casualty Company, Appellants, v.
Michael NEWSBAUM Appellee.
TEXT: PER CURIAM. This cause is before us on appeal from an award of workers compensation
benefits...cordingly, the order below is reversed and the cause remanded with directions that the
claim be dismissed. BOOTH, SMITH, and BARFIELD, JJ., concur.
155-CITE: 481 So.2d 28 HARTFORD FIRE INSURANCE COMPANY, appellant, v. SPEAR ASSOCIATES, INC., Coral
Construction Company and Symons Corporation, Appellees.
TEXT: PER CURIAM. Affirmed. Stuyvesant Insurance Co. v. Butler, 314 So.2d 567 (Fla.1975); Moore
v....314 So.2d 567 (Fla.1975); Moore v. Connecticut General Life Insurance Co., 277 So.2d 839 (Fla.
3d DCA 1973), cert. denied, 291 So.2d 204 (Fla.1974).
156-CITE: 750 So.2d 101 STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Appellant, v. Michael F. BISHOP,
Appellee.
TEXT: PER CURIAM. State Farm Mutual Automobile Insurance Company ( State Farm ) appeals a Final
De...t filed against the tortfeasor and State Farm exceeds the liability limits of the tortfeasor.
REVERSED. JOANOS, WEBSTER and PADOVANO, JJ., CONCUR.
157-CITE: 477 So.2d 645 UNITED COMPANIES LIFE INSURANCE COMPANY and Lillie Marie Goode, Appellants, v.
STATE FARM AND FIRE CASUALTY COMPANY, Appellee.
TEXT: MILLS, Judge. United Companies Life Insurance Company and Goode appeal from an order
dismiss...Co., 219 So.2d 127 (Fla. 4th DCA 1969). We affirm in part and reverse in part and remand
for further proceedings. SMITH and THOMPSON, JJ., concur.
158-CITE: 496 So.2d 985 Tommy and Jennette BROOME, his wife, Appellants, v. NN INVESTORS LIFE INSURANCE
CO., INC., a foreign corporation, Appellee.
TEXT: PER CURIAM. Affirmed. See Prescott v. Mutual Ben. Health & Accident Ass n, 133 Fla. 510,
183...8 So.2d 560 (Fla. 4th DCA 1972), aff d, 276 So.2d 37 (Fla.1973); Murphy v. John Hancock Mutual
Life Insurance Co., 213 So.2d 275 (Fla. 3d DCA 1968).
159-CITE: 600 So.2d 38 WEST AMERICAN INSURANCE COMPANY, Appellant, v. WILSON INSURANCE SERVICES d b a
Wilson Insurance Agency; Alice Horrigan, individually and as agent for Wilson Insurance Services,
Inc.; Carol Ann Wilson, individually and as agent for Wilson Insurance Services, Inc.; and Herbert
J. Wilson, individually and as agent for Wilson Insurance Services, Inc., Appellees.
TEXT: PER CURIAM. We find no error in the trial court s ruling disallowing testimony of the
purpor...ssuance of this opinion so that the parties may be apprised of our resolution on the
primary matter. AFFIRMED. DELL, STONE and POLEN, JJ., concur.
160-CITE: 458 So.2d 306 GUARANTY NATIONAL INSURANCE COMPANY, Appellant, v. John PACHIVAS, Appellee.
TEXT: WILLIAM A. NORRIS, Jr., Associate Judge. Appellee sued appellant, and others, to recover on
...la. 4th DCA 1972). REVERSED and remanded for new trial, with directions to reinstate the
counterclaim and to strike the claim for punitive damages.
161-CITE: 501 So.2d 185 Lawrence Allen RYAN, Appellant, v. Walter C. HEINRICH, Sheriff of Hillsborough
County, Florida, and Hillsborough County Board of Criminal Justice, Appellees.
TEXT: GRIMES, Acting Chief Judge. This is an appeal from a judgment in favor of the Hillsborough
C...dice. Dukanauskas v. Metropolitan Dade County, 378 So.2d 74 (Fla. 3d DCA 1979). See Fla.R.Civ.P.
1.110(d). Affirmed. SCHEB and FRANK, JJ., concur.
162-CITE: 460 So.2d 981 Tina M. BRADLEY, Appellant, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, a foreign
corporation, Appellee.
TEXT: PER CURIAM. We affirm the final judgment entered in favor of Government Employees Insurance
...CA 1979); Behrmann v. Industrial Fire & Casualty Insurance Co., 374 So.2d 568 (Fla. 3d DCA 1979);
Travelers Insurance Co., 371 So.2d 145. Affirmed.
163-CITE: 538 So.2d 550 INDEPENDENT FIRE INSURANCE COMPANY, Petitioner, v. Jacques LUGASSY and Debra Ann
Lugassy, Respondents.
TEXT: PER CURIAM. The Lugassys brought an action against their insurer seeking coverage for a
fire...sed in Colonial Penn Ins. Co. v. Mayor, 538 So.2d 100 (Fla. 3d DCA 1989), as well as Allstate
Ins. Co. v. Lovell, 530 So.2d 1106 (Fla. 3d DCA 1988).
164-CITE: 730 So.2d 849 Dona SMITH, f k a Dona Isabelle Blythe, Appellant, v. The STATE of Florida,
Appellee.
TEXT: PER CURIAM. Affirmed. LEVY and GODERICH, JJ., concur. COPE, J. (concurring in part and
dis...ported the argument by the State that the husband was killed in order to obtain insurance
proceeds. There should be a hearing on this claim as well.
165-CITE: 485 So.2d 485 LIBERTY MUTUAL INSURANCE COMPANY, a foreign corporation, Appellant, v. GISELA
INVESTMENTS, N.V., a Netherland Antilles corporation, and Continental Moving and Storage, Inc., a
Florida corporation, By and Through their assignees, Meekins-Bamman Prestress, Inc., a Florida
corporation, Puritan Insurance Company, a Connecticut corporation, and Pinetop Insurance Company, a
foreign corporation, Appellees.
TEXT: PER CURIAM. Affirmed. Fire Association of Philadelphia v. Evansville Brewing Association,
73...la. 1st DCA 1967); Henningsen v. Smith, 174 So.2d 85 (Fla. 2d DCA 1965); Section 59.041,
Fla.Stat. (1983); Annot., 65 A.L.R.3d 1128, 1132-33 (1975).
166-CITE: 443 So.2d 1013 Gail Lloyd COX, Appellant, v. STATE of Florida, Appellee.
TEXT: SHARP, Judge. Cox appeals from convictions for making a false report of a crime to a police
...ar reprosecution where the defendant was convicted of a crime which although technically
nonexistent, was in all elements equal to the main offense.
167-CITE: 667 So.2d 390 Bonita LEWIS, Appellant, v. Charles Ellis LEWIS, Appellee.
TEXT: PER CURIAM. Each order for child support shall contain a provision for health insurance for
... long as it continues to be reasonably available. In all other respects, the final order is
affirmed. JOANOS, MICKLE and VAN NORTWICK, JJ., concur.
168-CITE: 468 So.2d 433 Delma ASHLEY, Appellant, v. Lawson LAMAR, as Sheriff of Orange County, Florida;
John Polk, as Sheriff of Seminole County, Florida; David Weigel and John O Brien, jointly and
severally, Appellees.
TEXT: SHARP, Judge. Ashley appeals from a dismissal of her complaint against appellees Lawson
Lama...oses of this section. The provisions of this subsection do not apply to such claims as may
be asserted by counterclaim pursuant to Section 768.14.
169-CITE: 534 So.2d 828 Michael J. FRANKLIN, Appellant, v. PALM BEACH COUNTY, Appellee.
TEXT: DOWNEY, Judge. Appellant, Michael J. Franklin, seeks reversal of a final order that
dismisse...of Insurance, within 3 years after such claim accrues and the Department of Insurance or
the appropriate agency denies the claim in writing. . . .
170-CITE: 580 So.2d 217 Marcella S. BENNETT, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE
COMPANY, Appellee.
TEXT: RYDER, Judge. Appellant, Marcella Bennett (Bennett), contends that the trial court erred
whe... the trial court order State Farm to reapportion Bennett s claim. Reversed and remanded with
instructions. SCHOONOVER, C.J., and HALL, J., concur.
171-CITE: 629 So.2d 189 THE PUBLIC HEALTH TRUST OF DADE COUNTY, Florida, etc., Appellant, v. STATE of
Florida, DEPARTMENT of MANAGEMENT SERVICES, DIVISION of STATE EMPLOYEES INSURANCE, Appellee.
TEXT: SCHWARTZ, Chief Judge. We reverse the determination below that the state, acting through
its... 207; Miller, 471 So.2d at 1332, for prejudgment interest on that claim. Argonaut Ins. Co. v.
May Plumbing Co., 474 So.2d 212 (Fla.1985). Reversed.
172-CITE: 537 So.2d 685 Jeanette JOHNSON and Felix Johnson, Appellants, v. SCHOOL BOARD OF PALM BEACH
COUNTY, etc., Appellee.
TEXT: STONE, Judge. The parents of a deceased minor appeal from a contribution award in favor of
t...a factor in a contribution claim against the spouse of the injured party. THE FINAL JUDGMENT IS
THEREFORE AFFIRMED. DELL and GUNTHER, JJ., concur.
173-CITE: 477 So.2d 667 John LEVESQUE, Appellant, v. VOYAGER CASUALTY INSURANCE COMPANY and Florida
Insurance Guaranty Association, as the Statutory substitute for Voyager Casualty Insurance Company,
Appellees.
TEXT: PER CURIAM. From our review it is apparent that the trial court adjudicated insurance
covera...error having been demonstrated, the appealed judgment is AFFIRMED. GLICKSTEIN and WALDEN,
JJ., and OWEN, WILLIAM C., Jr., Associate Judge, concur.
174-CITE: 581 So.2d 1368 MICHIGAN MILLERS MUTUAL INSURANCE COMPANY, Petitioner, v. Dawn BOURKE, Michele
Foco, the Estate of Leisa Voss and the Estate of B. Allen Reeves, Respondents.
TEXT: PER CURIAM. Petitioner, an insurer, seeks review of an order lifting the abatement of an
act...pelled. The petition for writ of certiorari is granted; the order of the trial court is
quashed. RYDER, A.C.J., and DANAHY and LEHAN, JJ., concur.
175-CITE: 696 So.2d 1185 ILLINOIS INSURANCE EXCHANGE, et al., Petitioners, v. SCOTTSDALE INSURANCE
COMPANY, et al., Respondents.
TEXT: PER CURIAM. We originally accepted jurisdiction to review Illinois Insurance Exchange v.
Sco...nsurers, the decision below was in direct conflict with Continental Casualty Co. v. United
Pacific Insurance Co., 637 So.2d 270 (Fla. 5th DCA 1994).
176-CITE: 720 So.2d 1163 Laurel L. GAMMIE, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
Appellee.
TEXT: FLETCHER, J. Laurel L. Gammie, the defendant in a subrogation case filed by State Farm
Mutua...--- (FN1) To be clear, two voluntary dismissals result in a dismissal with prejudice, thus
an adjudication on the merits. See Fla.R.Civ.P. 1.420(a).
177-CITE: 569 So.2d 1293 CONNECTICUT GENERAL LIFE INSURANCE, Appellant, v. Willie E. DYESS, et al.,
Appellees.
TEXT: HARRIS, Judge. Connecticut General Insurance Company appeals a summary judgment which
determ....203 2d ed. (1983); see also National Surety Corporation v. Bimonte, 143 So.2d 709 (Fla. 3d
DCA 1962). (FN3) Section 768.76, Fla.Stat. (1986 Supp.).
178-CITE: 474 So.2d 420 M.A. GROUP, INC., a Florida corporation and Thomas B. Kee, Appellants, v. STATE
of Florida DEPARTMENT OF INSURANCE and the State of Florida Department of Insurance, Division of
Insurance Fraud, Appellees.
TEXT: PER CURIAM. Affirmed. Stay of order below vacated forthwith. ... Miami, for appellees.
Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ. TEXT: PER CURIAM. Affirmed. Stay of order
below vacated forthwith.
179-CITE: 440 So.2d 607 Wesley KING, Appellant, v. GUARANTY NATIONAL INSURANCE COMPANY, Appellee.
TEXT: JORGENSON, Judge. Wesley King appeals from a final order of dismissal and summary judgment
i...overage and a determination of the extent of his loss under the Guaranty National policy.
Reversed and remanded for further consistent proceedings.
180-CITE: 533 So.2d 906 ATKINS AVIATION, INC. and Earl C. Atkins, Individually, Appellants, v. The
SCOTTISH LION INSURANCE COMPANY, LTD.; A.A. Mutual International Insurance Company, Ltd.; Aviation
and General Insurance Company Ltd.; Road Transport and General Insurance Company Ltd.; Howard
Jarrams Rose, as Personal Representative Underwriter for those underwriting members of Lloyds d b a
Syndicates Numbered 271, 950, 40, 584, 510, 312, 598, 765, 310, 103, 780, 850, 807 and 799,
Riverplate Reinsurance Company, Ltd. and American Meridian Insurance Company Ltd. (Bermuda),
Appellees.
TEXT: PER CURIAM. Affirmed. See Atlantic Coast Line R.R. v. Campbell, 104 Fla. 274, 139 So. 886
(1... 3d DCA), rev. denied, 411 So.2d 384 (Fla.1981); Manufacturers Leasing, Ltd. v. Florida Dev. &
Attractions, Inc., 330 So.2d 171 (Fla. 4th DCA 1976).
181-CITE: 530 So.2d 422 WAREHOUSE FOODS, INC., Warehouse Foods # 102, Inc., and Warehouse Foods # 103,
Inc., Florida corporations, Appellants, v. CORPORATE RISK MANAGEMENT SERVICES, INC.; William Keith
Jones; and Insurance Company of North America, Appellees.
TEXT: WENTWORTH, Judge. Appellants seek review of a summary final judgment denying their claim to
...f v. Neff-Harmon Inc., 463 So.2d 291 (Fla. 1st DCA 1984). The order appealed is reversed and the
cause remanded. ERVIN and WIGGINTON, JJ., concur.
182-CITE: 480 So.2d 226 SEASCAPE OF HICKORY POINT CONDOMINIUM ASSOCIATION, INC., PHASE III, Appellant,
v. ASSOCIATED INSURANCE SERVICES, INC., Charles J. Engleman and John Underhill, a k a Jack
Underhill, Appellees.
TEXT: GRIMES, Judge. In a prior appeal of this case, we held that the second amended complaint
sta...ppellees advice to its detriment. We reverse the summary judgment and remand the case for
further proceedings. RYDER, C.J., and FRANK, J., concur.
183-CITE: 495 So.2d 806 Tex T. FERGUSON, Appellant, v. DADE COUNTY SCHOOL BOARD and CNA Insurance
Companies, Appellees.
TEXT: PER CURIAM. This cause is before us on appeal from a workers compensation order finding the
...e Barnett Bank of Palm Beach County v. Estate of Leon Henry Read, Jr., 493 So.2d 447 (Fla.1986).
BOOTH, C.J., and MILLS and WENTWORTH, JJ., concur.
184-CITE: 753 So.2d 748 Thomas Leonard SHEPPARD, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Thomas Leonard Sheppard appeals his judgment and sentence for filing a
fraudulen...ction 938.27, Florida Statutes (1997). Affirmed in part, reversed in part, and
remanded. THREADGILL, A.C.J., ALTENBERND, and WHATLEY, JJ., Concur.
185-CITE: 483 So.2d 782 PROTECTIVE INDEMNITY INSURANCE COMPANY OF FLORIDA, INC., Appellant, v. Lance
ROBBINS, Appellee.
TEXT: PER CURIAM. The insurer appeals the summary judgment entered on its cross-claim against the
... v. Bruns, 443 So.2d 959 (Fla.1984). See also United States Fidelity & Guaranty Co. v. Sloan, 410
So.2d 549 (Fla. 1st DCA 1982); Fla.R.App.P. 9.130.
186-CITE: 464 So.2d 677 NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Appellant, v. GULF
CENTRAL WAREHOUSE CENTER, INC., and Roy Lewis, individually, and for the use and benefits of
Integrity Insurance Company, Appellees.
TEXT: PER CURIAM. AFFIRMED. See Insurance Co. of North America v. Avis Rent-A-Car System, Inc.,
34... v. Morgan, 406 So.2d 1227 (Fla. 5th DCA 1981), affirmed, 424 So.2d 749 (Fla.1982). COBB,
C.J., and FRANK D. UPCHURCH, Jr. and COWART, JJ., concur.
187-CITE: 641 So.2d 184 SECURITY MANAGEMENT CORP., Appellant, v. HARTFORD FIRE INSURANCE COMPANY, etc.,
Appellee.
TEXT: JORGENSON, Judge. Security Management Corp. (Security) appeals from an order of final
judgme... insurance contract which contains a premium finance agreement shall promptly refund any
remaining unearned premium for the benefit of the insured).
188-CITE: 662 So.2d 1387 Daniel WARREN and Julia Warren, Appellants, v. DAIRYLAND INSURANCE COMPANY, a
foreign corporation, M & D Group, Inc., a Florida corporation d b a M & D Insurance, Erica Weinberg
and Sally Schultz, individually, Appellees.
TEXT: PARIENTE, Judge. Plaintiffs, Daniel Warren and Julia Warren (plaintiffs), appeal the
dismiss...ed of by summary judgment. However, this record does not allow us to make that
determination. REVERSED AND REMANDED. STONE and POLEN, JJ., concur.
189-CITE: 532 So.2d 35 INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Appellant, v. PURITAN INSURANCE
COMPANY, Appellee.
TEXT: NESBITT, Judge. A primary insurer appeals an award of post-verdict interest and appellate
bo...m Beach County, 157 So.2d 820 (Fla. 2d DCA 1963), cert. denied, 165 So.2d 176 (Fla.1964).
Accordingly, the decision of the trial court is affirmed.
190-CITE: 567 So.2d 561 Barbara WALTER, Appellant, v. LONE STAR LIFE INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. Appellant, Barbara Walter, seeks reversal of a final summary judgment entered
in... & Co., 351 So.2d 29 (Fla.1977); Holl v. Talcott, 191 So.2d 40 (Fla.1966). REVERSED and
REMANDED. HERSEY, C.J., and DELL and GUNTHER, JJ., concur.
191-CITE: 461 So.2d 130 COLONIAL PENN INSURANCE COMPANY, a foreign insurance corporation, Appellant, v.
Timothy WILLIAMS, as Personal Representative of the Estate of Constance Williams, deceased,
Appellee.
TEXT: PER CURIAM. Reversed on the binding authority of Behrmann v. Industrial Fire & Casualty
Insu...J. TEXT: PER CURIAM. Reversed on the binding authority of Behrmann v. Industrial Fire &
Casualty Insurance Co., 374 So.2d 568 (Fla. 3d DCA 1979).
192-CITE: 732 So.2d 1214 ALL DADE INSURANCE, INC., Appellant, v. LINCOLN NATIONAL LIFE INSURANCE
COMPANY, Appellee.
TEXT: PER CURIAM. Concluding that All Dade Insurance, Inc. [All Dade] was not a hold-over
tenant,... Dept. of HRS v. Morse, 708 So.2d 640 (Fla. 3d DCA 1998). The cause is remanded for
further proceedings consistent herewith. Reversed and remanded.
193-CITE: 526 So.2d 779 BALBOA INSURANCE COMPANY, Petitioner, v. William C. VANSCOOTER and John A.
VanHyning, Respondents.
TEXT: RYDER, Acting Chief Judge. Balboa Insurance Company petitions this court for a writ of
certi... is granted and this case is remanded to the circuit court for further proceedings
consistent with this opinion. SCHOONOVER and LEHAN, JJ., concur.
194-CITE: 485 So.2d 485 JACK ECKERD CORPORATION and Travelers Insurance Company, Appellants, v.
WILLIAMSON CADILLAC LEASING, INC., a Florida corporation, Carolyn S. Lipshaw, Alice L. Lipshaw,
Firemen s Fund Insurance Company, a foreign corporation, Prudential Property & Casualty Insurance
Company, a foreign corporation and Chicago Insurance Company, a foreign corporation, jointly and
severally, Appellees.
TEXT: PER CURIAM. Appellants appeal an adverse final summary judgment based upon a ruling that
Sec...k Rental, Inc., 472 So.2d 1373 (Fla. 3d DCA 1985); Molyett v. Society National Life Insurance
Company, 452 So.2d 1114 (Fla. 2d DCA 1984). Affirmed.
195-CITE: 734 So.2d 1102 Donald GRAY and Elizabeth Gray, his wife, Appellants, v. STATE FARM MUTUAL
AUTOMOBILE INSURANCE COMPANY, Appellee.
TEXT: BLUE, Judge. Donald and Elizabeth Gray appeal the final summary judgment in favor of State
F...motorist claim. Any recovery from the insurer would be reduced by the policy limits rather than
by the amount actually received from the tortfeasor.
196-CITE: 477 So.2d 63 Charles WALLACE, d b a Wallace Trucking Company, Appellant, v. CAROLINA CASUALTY
INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. We reverse the trial court s order of final judgment entered upon a directed
ver...; Dent v. Casale, 358 So.2d 1101 (Fla. 3d DCA), cert. denied, 365 So.2d 710 (Fla.1978); Sparks
v. Ober, 216 So.2d 483 (Fla. 3d DCA 1968). Reversed.
197-CITE: 555 So.2d 1262 PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, a foreign corporation,
Appellant, v. Benjamin A. KALESA, Jr. and Kathleen Kalesa, his wife, Appellees.
TEXT: PER CURIAM. Affirmed. See Government Employees Insurance Co. v. Brewton, 538 So.2d 1375
(Fla...ledge conflict with United States Fidelity & Guaranty Co. v. Woolard, 523 So.2d 798 (Fla. 1st
DCA 1988). HERSEY, C.J., DELL and STONE, JJ., concur.
198-CITE: 566 So.2d 608 Damien FORTINO By and Through Marie MOTTA, Appellants, v. STEVENS INSURANCE
SERVICE, INC. and Professional Underwriters Insurance Company, Appellees.
TEXT: PER CURIAM. Affirmed on the authority of Miller v. Allstate Insurance Co., 560 So.2d 393
(Fl...IAM. Affirmed on the authority of Miller v. Allstate Insurance Co., 560 So.2d 393 (Fla. 4th
DCA 1990). LETTS, GLICKSTEIN and GARRETT, JJ., concur.
199-CITE: 638 So.2d 966 FEDERAL DEPOSIT INSURANCE CORPORATION, Appellant, v. ESTATE OF Harry Hood
BASSETT, Appellee.
TEXT: Upon consideration, the Motion of the Federal Deposit Insurance Corporation to Vacate the
Dec... to Dismiss Appeal is treated as a notice of voluntary dismissal and this appeal is hereby
dismissed. NESBITT, JORGENSON and GODERICH, JJ., concur.
200-CITE: 640 So.2d 74 INTERNATIONAL INSURANCE COMPANY, Petitioner, v. METROPOLITAN PROPERTY AND
LIABILITY INSURANCE COMPANY, etc., Respondent.
TEXT: OVERTON, Justice. We have for review International Insurance Co. v. Metropolitan Property
an...ration in light of our decision in World Wide. It is so ordered. GRIMES, C.J., SHAW, KOGAN
and HARDING, JJ., and McDONALD, Senior Justice, concur.
201-CITE: 598 So.2d 161 UNION GENERAL INSURANCE COMPANY, Appellant, v. Abel LORENZO, Appellee.
TEXT: PER CURIAM. Appellant, Union General Insurance Company (Union General), appeals a final
summ...trial court s summary judgment, award of attorney s fees, expert witness fee, and costs, and
remand for further proceedings. Reversed and remanded.
202-CITE: 734 So.2d 570 GENERAL CONTAINER SERVICE, INC., Appellant, v. WILLIAM H. McGEE & CO., et al.,
Appellees.
TEXT: PER CURIAM. General Container Service, Inc., appeals a final order dismissing with
prejudice...s pleadings as against McGee, there has been no abuse of the privilege. Reversed and
remanded with directions to permit the pleading to be amended.
203-CITE: 544 So.2d 1172 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. Willie Byrnes
JONES and Frank Edward Jones, Respondents.
TEXT: ORFINGER, Judge. State Farm, etc. seeks certiorari review of a discovery order requiring it
...he essential requirements of law, and we therefore quash the order under review. Certiorari
GRANTED; Order QUASHED. DAUKSCH and COBB, JJ., concur.
204-CITE: 660 So.2d 1173 INTERNATIONAL FOOD TRADING, INC., Appellant, v. LON WORTH CROW INSURANCE
AGENCY, Appellee.
TEXT: PER CURIAM. After this court affirmed (FN1) a summary judgment on liability against Lon
Wort...roceedings consistent with this opinion. ------------ (FN1) Lon Worth Crow Insurance Agency
v. International Food, 630 So.2d 218 (Fla. 3d DCA 1994).
205-CITE: 651 So.2d 700 JAMES MITCHELL & COMPANY, JMC Insurance Services, Inc., JMC Financial
Corporation, and James K. Mitchell, Individually, Petitioners, v. Tom GALLAGHER, Commissioner of the
Florida Department of Insurance, Respondent.
TEXT: PER CURIAM. While we find that the statements made by the Honorable Tom Gallagher as
Insuran... Insurance Commissioner has rendered the issue moot. Petitioners request for fees is
denied. PETITION DENIED. BOOTH, WOLF and MICKLE, JJ., concur.
206-CITE: 650 So.2d 675 Jose G. DIAZ and Caridad Diaz, Appellants, v. FLORIDA INSURANCE GUARANTY
ASSOCIATION, INC., Appellee.
TEXT: PER CURIAM. The final summary judgment under review is affirmed, with one modification,
upon...o.2d 420, 424-25 (Fla. 1st DCA 1961). See generally 3A John A. & Jean Appleman, Insurance Law
& Practice Section 1832 (1941). Affirmed as modified.
207-CITE: 444 So.2d 595 COTTON STATES MUTUAL INSURANCE COMPANY, Petitioner, v. TURTLE REEF ASSOCIATES,
INC. a Florida corporation, Respondent.
TEXT: GLICKSTEIN, Judge. By petition for writ of certiorari, Cotton States Mutual Insurance
Compan...s of Webb s file may be inspected and a determination made consonant with the federal case
law cited herein. ANSTEAD, C.J., and WALDEN, J., concur.
208-CITE: 653 So.2d 1054 AUTO-OWNERS INSURANCE COMPANY, a corporation, Appellant, v. Neva Cathern
BRUBAKER and Julie L. Farber, Appellees.
TEXT: FRANK, Chief Judge. This matter arises from an automobile accident and an underlying claim
w...the award of postjudgment interest and remand for the trial court s reconsideration in the light
of our opinion. RYDER and THREADGILL, JJ., concur.
209-CITE: 644 So.2d 337 Joseph HARROD, Appellant, v. ALLIED UNIVERSAL CORP. and Employers-Self Insurance
Fund c o Claims Center, Appellees.
TEXT: ALLEN, Judge. The claimant appeals a workers compensation order in which the judge failed
to...ction with permanent total disability benefits. The appealed order is otherwise affirmed, and
the case is remanded. WEBSTER and DAVIS, JJ., concur.
210-CITE: 484 So.2d 1363 AMERICAN STATES INSURANCE COMPANY, Appellant, v. ALLSTATE INSURANCE COMPANY,
Appellee.
TEXT: ORFINGER, Judge. When a dog which is riding in the back of a pickup truck bites a passenger
...passenger. The accident occurred at the vehicle, but it did not arise out of the use of the
vehicle. AFFIRMED. COBB, C.J., and COWART, J., concur.
211-CITE: 609 So.2d 651 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a duly licensed insurance
company, Appellant, v. Harold ZIMMER and Lillian Zimmer, his wife, Appellees.
TEXT: ON REHEARING PER CURIAM. We grant rehearing and now affirm the decision of the trial court
...in Wilson Insurance Services v. West American Insurance Co., 608 So.2d 857 (Fla. 4th DCA october
15, 1992). ANSTEAD, STONE and WARNER, JJ., concur.
212-CITE: 583 So.2d 729 FLORIDA INSURANCE GUARANTY ASSOCIATION, Appellant, v. Johnny L. BENTLEY, et al.,
Appellees.
TEXT: PER CURIAM. This cause is before us on appeal from a declaratory final judgment. Appellant
a..., therefore, reversed, and this cause is remanded for proceedings consistent herewith. BOOTH
and NIMMONS, JJ., and WENTWORTH, Senior Judge, concur.
213-CITE: 572 So.2d 5 SAFECO INSURANCE COMPANY, Appellant, v. CENTENNIAL INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. There being no bona fide dispute on this record that the insured, at the time
he...sen, 515 So.2d 1298 (Fla. 3d DCA 1987); Adams v. Brannan, 500 So.2d 236 (Fla. 3d DCA 1986).
Therefore the summary judgment under review is affirmed.
214-CITE: 530 So.2d 509 Jennie GREER, Appellant, v. STATE AUTOMOBILE INSURANCE COMPANY, Appellee.
TEXT: STONE, Judge. Jennie Greer was injured in an automobile accident in the course of her
employ...considered by the trial court. We therefore reverse and remand for further proceedings.
GUNTHER, J., and TOBIN, DAVID L., Associate Judge, concur.
215-CITE: 567 So.2d 1047 David Brandon HORNSBY, Appellant, v. Howard A. ANDERSON, etc. et al.,
Appellees.
TEXT: GRIFFIN, Judge. This is the appeal of a summary final judgment rejecting a claim by one of
t...EVERSED and REMANDED for further proceedings consistent with this opinion. DANIEL, Judge,
Retired, concurs. DAUKSCH, J., dissents without opinion.
216-CITE: 489 So.2d 207 Ralph W. TAYLOR and Keith I. Taylor, et al., Appellants, v. NEW HAMPSHIRE
INSURANCE COMPANY OF MANCHESTER, Appellee.
TEXT: SCHOONOVER, Judge. Appellants seek review of a final judgment entered pursuant to a jury
ver.... First Service Corp., 471 So.2d 1332 (Fla. 3d DCA 1985). Affirmed in part, reversed in part,
and remanded. GRIMES, A.C.J., and SCHEB, J., concur.
217-CITE: 527 So.2d 835 Ruby GARLAND, Appellant, v. DIXIE INSURANCE COMPANY, a foreign corporation,
Appellee.
TEXT: PER CURIAM. We affirm the judgment in favor of appellee on the authority of McKinnie v.
Prog... applicable only to new and renewal policies with *836 an effective date beginning October 1,
1984, or later. DOWNEY, LETTS and STONE, JJ., concur.
218-CITE: 479 So.2d 856 Gunther GILSTER and Gene Gilster, his wife, Appellants, v. WASHINGTON NATIONAL
INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. Affirmed. See Dober v. Worrell, 401 So.2d 1322 (Fla.1981); Bankers & Shippers
In...Fla.1968); Russell v. Eckert, 195 So.2d 617 (Fla. 2d DCA 1967); Bradley v. Western & Southern
Life Insurance Co., 148 So.2d 559 (Fla. 1st DCA 1963).
219-CITE: 732 So.2d 1090 Thomas B. KEE, Appellant, v. William SCHNACKENBERG, et al., Appellees.
TEXT: PER CURIAM. Affirmed. See Martin v. Circuit Court, Seventeenth Judicial Circuit, 627 So.2d
1...artin v. Circuit Court, Seventeenth Judicial Circuit, 627 So.2d 1298 (Fla. 4th DCA 1993);
Rodriguez-Diaz v. Abate, 613 So.2d 515 (Fla. 3d DCA 1993).
220-CITE: 588 So.2d 36 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. LINDO S RENT-A-CAR,
INC., Appellee.
TEXT: COWART, Judge. Section 627.7263, Florida Statutes, provides: Rental and leasing driver s
in...A 1990); International Bankers Insurance Co. v. Snappy Car Rental, 553 So.2d 740 (Fla. 5th DCA
1989). AFFIRMED. DAUKSCH and W. SHARP, JJ., concur.
221-CITE: 469 So.2d 855 Richard E. RECKSON, Appellant, v. RAYMOND W. BOORSTEIN, A.S.I.D., INC.,
Appellee.
TEXT: PER CURIAM. Finding that the record contains no genuine issues of material fact, we affirm
t...nson v. Gulf Life Insurance Co., 429 So.2d 744 (Fla. 3d DCA 1983); Proprietors Insurance Co. v.
Siegel, 410 So.2d 993 (Fla. 3d DCA 1982). Affirmed.
222-CITE: 443 So.2d 1062 INDUSTRIALES NICARAGUENSES CHIPIRUL, S.A., Appellant, v. SWITZERLAND GENERAL
INSURANCE CORPORATION OF NEW YORK, Appellee.
TEXT: PER CURIAM. This is an appeal from a final summary judgment for the defendant insurer in an
.... Collins, 359 So.2d 916 (Fla. 3d DCA 1978). The final summary judgment under review is reversed
and the cause is remanded for further proceedings.
223-CITE: 525 So.2d 467 M.E.I., L.S.C., B.S.L., Children, Appellants, v. STATE of Florida, Appellee.
TEXT: WIGGINTON, Judge. Appellants, defendants below, appeal from the trial court s order of full
...ate, 480 So.2d 163 (Fla. 1st DCA 1985). AFFIRMED in part, REVERSED in part, and REMANDED for
further proceedings. ERVIN and THOMPSON, JJ., concur.
224-CITE: 546 So.2d 12 GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellant, v. Ben WILDER, Appellee.
TEXT: PER CURIAM. The trial court correctly determined that the insurance policy issued by the
app...ntext of the Florida Automobile Reparations Reform Act, not involved here. Id. at 635-36.
Accordingly, the final judgment under review is affirmed.
225-CITE: 707 So.2d 411 Martin C. BLEASDELL, Monica B. Bleasdell, et al., Appellants, v. UNDERWRITERS
GUARANTEE INSURANCE COMPANY, et al., Appellees.
TEXT: PER CURIAM. Martin C. Bleasdell, Monica B. Bleasdell, and Leroy Gayle, Appellants, appeal
fr...o reversible error, and the judgments appealed are accordingly AFFIRMED. BARFIELD, C.J.,
JOANOS, J., and SMITH, LARRY G., Associate Judge, concur.
226-CITE: 541 So.2d 670 CADILLAC INSURANCE CO., Appellant, v. Paul Anthony MOORE, a minor, Danny K.
Moore, individually and as natural father of Paul Anthony Moore; Marie Kenny, individually and as
natural mother of Paul Anthony Moore; Michael C. Ring and Clifford Ring, Appellees.
TEXT: WENTWORTH, Judge. Appellant Cadillac Insurance Company seeks review of a declaratory
judgmen...n the claim for fees, and we therefore decline to consider the issue in this appeal. The
order appealed is affirmed. ERVIN and BOOTH, JJ., concur.
227-CITE: 744 So.2d 596 LUTHERAN BROTHERHOOD LEGAL RESERVE FRATERNAL BENEFIT SOCIETY, Appellant, v.
ESTATE OF Robert F. PETZ, Deceased, Appellee.
TEXT: CASANUEVA, Judge. Lutheran Brotherhood Legal Reserve Fraternal Benefit Society appeals an
or...e rationale expressed in Comerica Bank and certify conflict with Baptist Hospital of Miami.
Affirmed. NORTHCUTT, A.C.J., and STRINGER, J., Concur.
228-CITE: 686 So.2d 731 Allan L. and Lillian BAKER, Appellants, v. AMERICAN GENERAL LIFE & ACCIDENT
INSURANCE COMPANY, a foreign corporation, and Phillip M. Seigler, Appellees.
TEXT: PER CURIAM. Appellants challenge a final order dismissing their amended complaint with
preju...cline to do so. Wassall v. W.H. Payne, 682 So.2d 678 (Fla. 1st DCA 1996). The order of
dismissal is reversed. BOOTH, JOANOS and WOLF, JJ., concur.
229-CITE: 501 So.2d 644 Edith HIGGS, as personal Representative of the Estate of Barbara Higgs, for and
on Behalf of Carmen Higgs, Cindy Higgs, and Angela Patterson, minor survivors of the deceased,
Barbara Higgs, Appellant Cross-Appellee v. INDUSTRIAL FIRE & CASUALTY INSURANCE COMPANY, Appellee
Cross-Appellant.
TEXT: PER CURIAM. This is an appeal by Edith Higgs from an adverse final judgment entered
pursuant...y need for us to review Industrial s claim on cross-appeal that the trial court should
have directed a verdict in its favor. Reversed and remanded.
230-CITE: 674 So.2d 174 Jerald A. ANDERSON, Appellant, v. ARMOR INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. Jerald A. Anderson appeals a final summary judgment entered in favor of Armor
In...gment in favor of Armor because there remain disputed questions of fact. Reversed and
remanded. FRANK, A.C.J., and PARKER and QUINCE, JJ., concur.
231-CITE: 733 So.2d 588 EMPLOYERS REINSURANCE CORPORATION, Appellant, v. AMPHION HOLDINGS INC., as
assignee of Skandia U.S. Insurance Company, & Force Financial Insurance Agency, Appellees.
TEXT: NESBITT, J. The instant action initially arose from an automobile accident where the
alleged...t Skandia U.S. paid to Stallings in its settlement with him. We commend the detailed and
thorough order of the trial court, which we hereby affirm.
232-CITE: 695 So.2d 472 Patricia MACKAY, Appellant, v. Paul MECHETTI, Appellee.
TEXT: WARNER, Judge. The trial court dismissed the former wife s motion to modify the final
dissol...2d 355 (Fla. 2d DCA 1979); Section 61.14(1), Fla.Stat. (Supp.1992). Reversed and remanded
for further proceedings. KLEIN and SHAHOOD, JJ., concur.
233-CITE: 635 So.2d 164 Diego H. NIEVES and Luz E. Nieves, Appellants, v. STAR CASUALTY INSURANCE
COMPANY, Appellee.
TEXT: ON CONFESSION OF ERROR PER CURIAM. Upon consideration of the record and the appellee s
soun...nce Co. v. Pannunzio, 538 So.2d 61 (Fla. 4th DCA 1989), which followed Tate, but which was
specifically disapproved in Cooke, 624 So.2d at 255 n. 3.
234-CITE: 593 So.2d 615 PROTECTIVE NATIONAL INSURANCE COMPANY OF OMAHA, Appellant, v. EMPIRE FIRE AND
MARINE INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. Protective National Insurance Co. of Omaha appeals an order determining
uninsure... affirm under authority of Chicago Insurance Co. v. Dominguez, 420 So.2d 882 (Fla. 2d DCA
1982), review denied, 430 So.2d 450 (Fla.1983). Affirmed.
235-CITE: 445 So.2d 709 LIBERTY MUTUAL INSURANCE COMPANY, Appellant, v. Joel TROMBLEY, Appellee.
TEXT: PER CURIAM. This appeal concerns stacking of uninsured motorist coverage under Section
627.4...ly, we reverse and remand the cause for the trial court to correct the final judgment.
REVERSED AND REMANDED. DOWNEY, LETTS and DELL, JJ., concur.
236-CITE: 696 So.2d 1302 LIBERTY MUTUAL INSURANCE COMPANY, Appellant, v. MAGNETIC IMAGING SYSTEMS I
LTD., Appellee.
TEXT: PER CURIAM. We reverse the order denying Liberty Mutual Insurance Company s motion to
dismis... 696 So.2d 475 (Fla. 3d DCA 1997). We remand for arbitration of the relevant claims made by
Magnetic Imaging Systems I, Ltd. Reversed and remanded.
237-CITE: 582 So.2d 86 Patrick SWEENEY, as Personal representative of the Estate of Daniel Sweeney,
deceased, Appellant, v. GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, a foreign corporation
authorized to transact insurance in Florida, Appellee.
TEXT: PER CURIAM. Affirmed. See, e.g., Latin American Property & Casualty Insurance Company v.
Pas...EN, JJ. TEXT: PER CURIAM. Affirmed. See, e.g., Latin American Property & Casualty Insurance
Company v. Pastor, 561 So.2d 1302 (Fla. 3d DCA 1990).
238-CITE: 452 So.2d 1014 CENTRAL COLD STORAGE, Inc., Appellant, v. LEXINGTON INSURANCE COMPANY,
Appellee.
TEXT: PER CURIAM. Lexington issued an all risks insurance policy to Central Cold Storage for its
r...t physical loss or damage to the insured property from any external cause occurring during the
period of this policy except as hereinafter excluded.
239-CITE: 731 So.2d 108 Wendell CREWS, Appellant, v. Sandra L. PERKINS f k a Sandra Lee Crews, Appellee.
TEXT: ANTOON, J. Wendell Crews (the husband) appeals the final judgment dissolving his marriage
to...together to determine adequate life insurance on the husband to fund child support and
permanent alimony. AFFIRMED. COBB and GOSHORN, JJ., concur.
240-CITE: 443 So.2d 395 Vicenta PINA, Appellant, v. GENERAL INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. Appellant seeks review of a final judgment entered by the Circuit Court in and
f..., Inc., 121 So.2d 462 (Fla. 3d DCA 1960); section 627.409(1), Florida Statutes (Supp.1982).
Therefore the judgment appealed is affirmed. Affirmed.
241-CITE: 493 So.2d 544 HOTEL PROPERTIES, LTD., a Florida limited partnership, Appellant, v.
SAVAGE-MANFRE AND ASSOCIATES, INC., and Florida All Risk, Inc., Appellees.
TEXT: PER CURIAM. After this court held in Hotel Properties, Ltd. v. Heritage Insurance Co., 456
S... we similarly do not agree that the appellant is entitled to summary judgment in its favor, the
cause is remanded for trial. Reversed and remanded.
242-CITE: 499 So.2d 875 Bruce GRITTER and Susan Gritter, Appellants, v. INSURANCE COMPANY OF NORTH
AMERICA, Appellee.
TEXT: GUNTHER, Judge. We reverse the final judgment entered in favor of the insurer following
cros...hout regard to the particular vehicle involved in the accident that resulted in his injuries.
REVERSED AND REMANDED. LETTS and STONE, JJ., concur.
243-CITE: 512 So.2d 233 Bruce D. PLATZEK, M.D., Appellant, v. ROCK-A-WAY, INC., and Transamerica Ins.
Group, Appellees.
TEXT: WENTWORTH, Judge. Appellant seeks review of a workers compensation order by which a doctor
s...re should have considered the merits of appellant s claim. The order appealed is reversed and
the cause remanded. MILLS and BARFIELD, JJ., concur.
244-CITE: 504 So.2d 1328 WEWAHITCHKA STATE BANK, Appellant, v. Betty MIXON, Appellee.
TEXT: WIGGINTON, Judge. Appellant, Wewahitchka State Bank (Bank), appeals a final summary
judgment...ional of her claim. Therefore, the Bank is entitled to the proceeds of the two policies
in question. REVERSED. WENTWORTH and NIMMONS, JJ., concur.
245-CITE: 460 So.2d 593 Sandra PARKER, Appellant, v. SOUTH CAROLINA INSURANCE COMPANY, etc., and State
No-Fault Insurance Agency, Inc., Appellees.
TEXT: PER CURIAM. This is the second time that this case has been before this court on appeal.
The...llee. We affirm. See Rios v. Florida Farm Bureau Mutual Insurance Company, 371 So.2d 700 (Fla.
3d DCA 1979). DOWNEY, LETTS and HURLEY, JJ., concur.
246-CITE: 714 So.2d 1092 SIMKINS INDUSTRIES, INC., Appellant, v. LEXINGTON INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. This appeal recurs upon a mandate issued by the Supreme Court of Florida on
Febr...ins is affirmed in all respects, in conformity with the opinion of the Supreme Court and with
final resolution of remaining issues today. Affirmed.
247-CITE: 719 So.2d 1027 The STATE of Florida, Appellant, v. Audrey Benitez WALTERS, Appellee.
TEXT: GREEN, Judge. The appellee, Audrey Benitez Walters, was charged by information with filing
a...ection 408.1 n. 2 (1997) ( Section 90.408 may not apply in criminal cases. ). Accordingly, we
reverse and remand for further proceedings. Reversed.
248-CITE: 528 So.2d 488 Samuel JONAS and Amy Jonas, Appellants, v. CENTRAL LIFE ASSURANCE COMPANY, an
Iowa corporation, Appellee.
TEXT: STONE, Judge. This is an appeal from a summary judgment which held that the coordination of
...ature has required a clear warning as to the excess insurance provisions in order to insure that
our citizens know exactly what they are paying for.
249-CITE: 603 So.2d 661 Jorge L. SONARA, Appellant, v. STAR CASUALTY INSURANCE COMPANY, Appellee.
TEXT: HUBBART, Judge. The central question presented for review by this appeal is whether an
insur...lculate the attorney s fee award by including the reasonable hours of attorney time in
prosecuting the a