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Puritan Insurance Company v. Frank

District Court of Appeal of Florida, Third District
Sep 27, 1983
436 So. 2d 1140 (Fla. Dist. Ct. App. 1983)

Opinion

No. 82-2464.

September 27, 1983.

Appeal from Circuit Court, Dade County, Jack M. Turner, Judge.

Howard E. Barwick and David M. Wiegand, Miami Shores, for appellant.

Floyd, Pearson, Stewart, Richman and William C. Hearon, Miami, for appellee.

Before SCHWARTZ, C.J., and NESBITT and DANIEL S. PEARSON, JJ.


Although Dr. Frank carried his burden of demonstrating his entitlement to coverage under an all risk policy, he nonetheless failed to negate the existence of genuine issues of fact with respect to the insurer's affirmative defenses of: (a) conversion; and (b) geographical areas of coverage. For this reason, the summary final judgment on coverage is reversed and remanded for further proceedings. Hamilton v. Bank of Palm Beach and Trust Co., 348 So.2d 1190 (Fla. 4th DCA 1977).

That portion of the summary judgment determining non-subrogation is vacated to abide the final resolution of the identical problem presently pending in the federal court system. See Wade v. Clower, 94 Fla. 817, 114 So. 548 (1927).

Reversed in part, vacated in part, and remanded.


Summaries of

Puritan Insurance Company v. Frank

District Court of Appeal of Florida, Third District
Sep 27, 1983
436 So. 2d 1140 (Fla. Dist. Ct. App. 1983)
Case details for

Puritan Insurance Company v. Frank

Case Details

Full title:PURITAN INSURANCE COMPANY, A FOREIGN CORPORATION, APPELLANT, v. WALTER L…

Court:District Court of Appeal of Florida, Third District

Date published: Sep 27, 1983

Citations

436 So. 2d 1140 (Fla. Dist. Ct. App. 1983)

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