Gutman v. American Motorists Insurance Co.

District Court of Appeal of Florida

Gutman v. American Motorists Insurance Co.

410 So. 2d 1001, 1982 Fla. App. LEXIS 19490

CourtDistrict Court of Appeal of Florida

DecidedMarch 16, 1982

DocketNo. 81-607

StatusPublished

Cited by1 cases

This text of 410 So. 2d 1001 (Gutman v. American Motorists Insurance 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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Gutman v. American Motorists Insurance Co., 410 So. 2d 1001, 1982 Fla. App. LEXIS 19490 (Fla. Ct. App. 1982).

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Opinion

PER CURIAM.

The final judgment entered in favor of the defendant, American Motorists Insurance Company, after a non-jury trial is affirmed. In our view, the evidence was sufficient for the trial judge to conclude, as he did, that cracks in appellants’ forty-five year old home were due to natural settlement rather than vibrations from nearby construction and were therefore not covered under the policy. Abelson v. Bosem, 336 So.2d 482 (Fla. 3d DCA 1976); Duncanson v. Service First, Inc., 157 So.2d 696 (Fla. 3d DCA 1963). See Underwriter’s National Assur. Co. v. Harrison, 338 So.2d 58 (Fla. 3d DCA 1976).

Accordingly, the trial court properly denied attorney’s fees to appellants since no final judgment on the merits was rendered in their favor. American Home Assur. Co. v. Keller Industries, Inc., 347 So.2d 767 (Fla. 3d DCA 1977), cert. denied, 360 So.2d 1249 (Fla.1978), cert. dism., 367 So.2d 1124 (Fla.1979); Hart v. Bankers Fire and Casualty Ins. Co., 320 So.2d 485 (Fla. 4th DCA 1975); Dawson v. Blue Cross Association, 293 So.2d 90 (Fla. 1st DCA 1974); Section 627.428(1), Florida Statutes (1979).

Affirmed.

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PER CURIAM.

The final judgment entered in favor of the defendant, American Motorists Insurance Company, after a non-jury trial is affirmed. In our view, the evidence was sufficient for the trial judge to conclude, as he did, that cracks in appellants’ forty-five year old home were due to natural settlement rather than vibrations from nearby construction and were therefore not covered under the policy. Abelson v. Bosem, 336 So.2d 482 (Fla. 3d DCA 1976); Duncanson v. Service First, Inc., 157 So.2d 696 (Fla. 3d DCA 1963). See Underwriter’s National Assur. Co. v. Harrison, 338 So.2d 58 (Fla. 3d DCA 1976).

Accordingly, the trial court properly denied attorney’s fees to appellants since no final judgment on the merits was rendered in their favor. American Home Assur. Co. v. Keller Industries, Inc., 347 So.2d 767 (Fla. 3d DCA 1977), cert. denied, 360 So.2d 1249 (Fla.1978), cert. dism., 367 So.2d 1124 (Fla.1979); Hart v. Bankers Fire and Casualty Ins. Co., 320 So.2d 485 (Fla. 4th DCA 1975); Dawson v. Blue Cross Association, 293 So.2d 90 (Fla. 1st DCA 1974); Section 627.428(1), Florida Statutes (1979).

Affirmed.

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410 So. 2d 1001, 1982 Fla. App. LEXIS 19490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gutman-v-american-motorists-insurance-co-fladistctapp-1982.

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