Puritan Insurance Co. v. Frank

PURITAN INSURANCE COMPANY, a foreign corporation v. Walter L. FRANK

Puritan Ins. Co. v. Frank, 436 So. 2d 1140 (Fla. Dist. Ct. App. 1983)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: September 27, 1983
Docket: No. 82-2464
Judges: Nesbitt, Pearson, Schwartz
Citations: 436 So. 2d 11401983 Fla. App. LEXIS 22830

Cited by 3

Opinion of the Court

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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.

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Cited by 3 cases

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State Appellate Courts3

Relies on it most ⓘ

SAC Const. Co. v. EAGLE NAT. BANK OF MIAMI449 So. 2d 301 (Fla. Dist. Ct. App. 1984)
United National Insurance Co. v. I & JC Corp.927 So. 2d 167 (Fla. Dist. Ct. App. 2006)
Estate of Bacon v. Bacon573 So. 2d 1035 (Fla. Dist. Ct. App. 1991)

Most recent

United National Insurance Co. v. I & JC Corp.927 So. 2d 167 (Fla. Dist. Ct. App. 2006)
Estate of Bacon v. Bacon573 So. 2d 1035 (Fla. Dist. Ct. App. 1991)
SAC Const. Co. v. EAGLE NAT. BANK OF MIAMI449 So. 2d 301 (Fla. Dist. Ct. App. 1984)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

Depth	Case	Cited by
	Wade v. Clower, 114 So. 548 (Fla. 1927)	75
	Hamilton v. Bank of Palm Beach & Trust Co., 348 So. 2d 1190 (Fla. Dist. Ct. App. 1977)	3

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