Florida Physicians Insurance Reciprocal v. Spooner

470 So. 2d 793, 10 Fla. L. Weekly 1452, 1985 Fla. App. LEXIS 14535
District Court of Appeal of Florida·Decided June 12, 1985·No. No. 85-210·Published

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

470 So. 2d 793 (Florida Physicians Insurance Reciprocal v. Spooner) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

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