North American Marketing Corp. v. Travelers Insurance Co.

District Court of Appeal of Florida

North American Marketing Corp. v. Travelers Insurance Co.

405 So. 2d 1019, 1981 Fla. App. LEXIS 21471

CourtDistrict Court of Appeal of Florida

DecidedOctober 27, 1981

DocketNo. 81-175

StatusPublished

Cited by3 cases

This text of 405 So. 2d 1019 (North American Marketing Corp. v. Travelers 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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North American Marketing Corp. v. Travelers Insurance Co., 405 So. 2d 1019, 1981 Fla. App. LEXIS 21471 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

We reverse the final judgment for Travelers Insurance Company upon a holding (1) where North American Marketing Corporation, Inc., in a non-jury trial of its third-party claim against Travelers, presented a prima facie case of “unidentifiable employee dishonesty” resulting in loss for which it was insured by Travelers, the trial court erred in granting Travelers’ motion for involuntary dismissal at the conclusion of North American’s case; and (2) Travelers’ unproved claim that the extent of the loss was diminished by other facts was not a matter which was properly considered on Travelers’ Rule 1.420(b), Florida Rules of Civil Procedure, motion, such claim being no part of whether North American established a prima facie case. Tillman v. Baskin, 260 So.2d 509 (Fla.1972); Murphy v. Community Centers Corporation, 393 So.2d 623 (Fla. 1st DCA 1981); Buchanan Construction, Inc. v. City of Tallahassee, 308 So.2d 613 (Fla. 1st DCA 1975); accord, Preisner v. Cropf, 278 So.2d 295 (Fla. 4th DCA 1973).

Reversed and remanded for a new trial.

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PER CURIAM.

We reverse the final judgment for Travelers Insurance Company upon a holding (1) where North American Marketing Corporation, Inc., in a non-jury trial of its third-party claim against Travelers, presented a prima facie case of “unidentifiable employee dishonesty” resulting in loss for which it was insured by Travelers, the trial court erred in granting Travelers’ motion for involuntary dismissal at the conclusion of North American’s case; and (2) Travelers’ unproved claim that the extent of the loss was diminished by other facts was not a matter which was properly considered on Travelers’ Rule 1.420(b), Florida Rules of Civil Procedure, motion, such claim being no part of whether North American established a prima facie case. Tillman v. Baskin, 260 So.2d 509 (Fla.1972); Murphy v. Community Centers Corporation, 393 So.2d 623 (Fla. 1st DCA 1981); Buchanan Construction, Inc. v. City of Tallahassee, 308 So.2d 613 (Fla. 1st DCA 1975); accord, Preisner v. Cropf, 278 So.2d 295 (Fla. 4th DCA 1973).

Reversed and remanded for a new trial.

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405 So. 2d 1019, 1981 Fla. App. LEXIS 21471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/north-american-marketing-corp-v-travelers-insurance-co-fladistctapp-1981.

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