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Florida Physicians Insurance Reciprocal v. Spooner

470 So. 2d 793, 10 Fla. L. Weekly 1452, 1985 Fla. App. LEXIS 14535
CourtDistrict Court of Appeal of Florida
DecidedJune 12, 1985
DocketNo. 85-210
StatusPublished

This text of 470 So. 2d 793 (Florida Physicians Insurance Reciprocal v. Spooner) 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.

Bluebook
Florida Physicians Insurance Reciprocal v. Spooner, 470 So. 2d 793, 10 Fla. L. Weekly 1452, 1985 Fla. App. LEXIS 14535 (Fla. Ct. App. 1985).

Opinion

LETTS, Judge.

The only issue meriting discussion is the trial court’s order compelling the insurance company to defend. Such an order is erroneous since it is inappropriate to compel specific performance of an executory contract where the insured has an adequate remedy at law. See Biscayne Associates, Inc. v. Carson, 104 So.2d 871 (Fla. 3d DCA 1958). Accordingly, we reverse and remand this action to the trial court to vacate the order compelling the insurer to defend.

REVERSED AND REMANDED.

GLICKSTEIN and WALDEN, JJ., concur.

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Related

Biscayne Associates, Inc. v. Carson
104 So. 2d 871 (District Court of Appeal of Florida, 1958)

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Bluebook (online)
470 So. 2d 793, 10 Fla. L. Weekly 1452, 1985 Fla. App. LEXIS 14535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-physicians-insurance-reciprocal-v-spooner-fladistctapp-1985.