Bankers Insurance Service Corp. v. Southeastern Home Mortgage Co.

District Court of Appeal of Florida

Bankers Insurance Service Corp. v. Southeastern Home Mortgage Co.

363 So. 2d 401, 1978 Fla. App. LEXIS 16470

CourtDistrict Court of Appeal of Florida

DecidedOctober 18, 1978

DocketNo. 77-1643

StatusPublished

Cited by4 cases

This text of 363 So. 2d 401 (Bankers Insurance Service Corp. v. Southeastern Home Mortgage Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bankers Insurance Service Corp. v. Southeastern Home Mortgage Co., 363 So. 2d 401, 1978 Fla. App. LEXIS 16470 (Fla. Ct. App. 1978).

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Opinion

PER CURIAM.

This is an appeal from a final summary judgment involving the trial court’s construction of an ambiguous provision in a contract of insurance. In Westchester Fire Insurance Co. v. In-Sink-Erator, 252 So.2d 856 (Fla. 4th DCA 1971), this court held that where the terms of a contract are ambiguous, casting doubt upon the intent of the parties, this intent must be determined by the trier of fact upon trial and is not a proper matter for disposition by summary judgment. Such is the case at hand. Accordingly, the final summary judgment is reversed with directions for further proceedings consistent with this opinion.

DOWNEY, C. J., and ANSTEAD and DAUKSCH, JJ., concur.

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PER CURIAM.

This is an appeal from a final summary judgment involving the trial court’s construction of an ambiguous provision in a contract of insurance. In Westchester Fire Insurance Co. v. In-Sink-Erator, 252 So.2d 856 (Fla. 4th DCA 1971), this court held that where the terms of a contract are ambiguous, casting doubt upon the intent of the parties, this intent must be determined by the trier of fact upon trial and is not a proper matter for disposition by summary judgment. Such is the case at hand. Accordingly, the final summary judgment is reversed with directions for further proceedings consistent with this opinion.

DOWNEY, C. J., and ANSTEAD and DAUKSCH, JJ., concur.

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363 So. 2d 401, 1978 Fla. App. LEXIS 16470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bankers-insurance-service-corp-v-southeastern-home-mortgage-co-fladistctapp-1978.

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