Poland v. Dash

District Court of Appeal of Florida

Poland v. Dash

441 So. 2d 174, 1983 Fla. App. LEXIS 24245

CourtDistrict Court of Appeal of Florida

DecidedNovember 15, 1983

DocketNo. 83-1260

StatusPublished

Cited by1 cases

This text of 441 So. 2d 174 (Poland v. Dash) 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

Poland v. Dash, 441 So. 2d 174, 1983 Fla. App. LEXIS 24245 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

We agree with the trial court that since the relevant insurance policies do not clearly and unambiguously create a coverage exclusion for the water loss suffered by the Dashes, the Dashes are entitled to total coverage, as a matter of law, on the 65%-35% participation ratio provided by the applicable insurance provisions. The trial court’s ruling is supported by the well-settled “general rule of interpretation that when the terms of an insurance policy are capable of two or more constructions, the construction permitting recovery is to be given effect.” Shelby Mutual Insurance Company of Shelby, Ohio v. Manchester, 376 So.2d 266, 268 (Fla. 3d DCA 1979), cert. denied, 388 So.2d 1118 (Fla.1980) (and cases cited therein). Summary judgment in favor of appellees is affirmed.

Affirmed.

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PER CURIAM.

We agree with the trial court that since the relevant insurance policies do not clearly and unambiguously create a coverage exclusion for the water loss suffered by the Dashes, the Dashes are entitled to total coverage, as a matter of law, on the 65%-35% participation ratio provided by the applicable insurance provisions. The trial court’s ruling is supported by the well-settled “general rule of interpretation that when the terms of an insurance policy are capable of two or more constructions, the construction permitting recovery is to be given effect.” Shelby Mutual Insurance Company of Shelby, Ohio v. Manchester, 376 So.2d 266, 268 (Fla. 3d DCA 1979), cert. denied, 388 So.2d 1118 (Fla.1980) (and cases cited therein). Summary judgment in favor of appellees is affirmed.

Affirmed.

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441 So. 2d 174, 1983 Fla. App. LEXIS 24245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poland-v-dash-fladistctapp-1983.

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