Puritan Insurance Co. v. Frank

District Court of Appeal of Florida

Puritan Insurance Co. v. Frank

436 So. 2d 1140, 1983 Fla. App. LEXIS 22830

CourtDistrict Court of Appeal of Florida

DecidedSeptember 27, 1983

DocketNo. 82-2464

StatusPublished

Cited by3 cases

This text of 436 So. 2d 1140 (Puritan Insurance Co. v. Frank) 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

Puritan Insurance Co. v. Frank, 436 So. 2d 1140, 1983 Fla. App. LEXIS 22830 (Fla. Ct. App. 1983).

Pincite

Opinion

PER CURIAM.

Although Dr. Frank carried his burden of demonstrating his entitlement to coverage under an all risk policy, he nonetheless failed to negate the existence of genuine issues of fact with respect to the insurer’s affirmative defenses of: (a) conversion; and (b) geographical areas of coverage. For this reason, the summary final judgment on coverage is reversed and remanded for further proceedings. Hamilton v. Bank of Palm Beach and Trust Co., 348 So.2d 1190 (Fla. 4th DCA 1977).

That portion of the summary judgment determining non-subrogation is vacated to abide the final resolution of the identical problem presently pending in the federal court system. See Wade v. Clower, 94 Fla. 817, 114 So. 548 (1927).

Reversed in part, vacated in part, and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Although Dr. Frank carried his burden of demonstrating his entitlement to coverage under an all risk policy, he nonetheless failed to negate the existence of genuine issues of fact with respect to the insurer’s affirmative defenses of: (a) conversion; and (b) geographical areas of coverage. For this reason, the summary final judgment on coverage is reversed and remanded for further proceedings. Hamilton v. Bank of Palm Beach and Trust Co., 348 So.2d 1190 (Fla. 4th DCA 1977).

That portion of the summary judgment determining non-subrogation is vacated to abide the final resolution of the identical problem presently pending in the federal court system. See Wade v. Clower, 94 Fla. 817, 114 So. 548 (1927).

Reversed in part, vacated in part, and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

436 So. 2d 1140, 1983 Fla. App. LEXIS 22830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/puritan-insurance-co-v-frank-fladistctapp-1983.

Opinion

Related

Cite This Page — Counsel Stack