645 So.2d 28 (Fla.App. 4 Dist. 1994), 93-0922, Cigna Fire Underwriters Ins. Co., Inc. v. Leonard
|Citation:||645 So.2d 28, 19 Fla. L. Weekly D 2218|
|Party Name:||CIGNA FIRE UNDERWRITERS INSURANCE COMPANY, INC., Appellant, v. Ralph LEONARD, Nickolaos Maggas, Alkigeovi, Inc., and Volos, Inc., Appellees.|
|Case Date:||October 19, 1994|
|Court:||Florida Court of Appeals, Fourth District|
Rehearing and Rehearing En Banc Denied Dec. 15, 1994.
Lee Craig and F. Celene Harrell of Butler, Burnette & Pappas, Tampa, for appellant.
William E. Blyler of William E. Blyler, P.A., Coral Springs, for appellee-Ralph Leonard.
ON MOTION FOR REHEARING
We grant appellant's motion for rehearing and withdraw the opinion issued on February 9, 1994. After further consideration, we agree that the order granting appellee Leonard's motion for summary judgment should be reversed. We adopt Judge Anstead's dissent to the original opinion and publish it as the majority opinion on rehearing:
The trial court's order held Ralph Leonard was entitled to the proceeds of a fire insurance policy between Cigna Fire Underwriters Insurance Company and Alkigeovi, Inc., the lessee of a restaurant located on premises owned by Nicolas Maggas and upon which Leonard holds a mortgage. The order held Leonard is entitled to the policy proceeds even though the policy names Alkigeovi as the sole insured, the restaurant was burned down by Alkigeovi, and the policy contains an express exclusion barring recovery under such circumstances.
The trial court relied on the case of Everglades Marina, Inc. v. American Eastern Development Corp., 374 So.2d 517 (Fla.1979). In Everglades the appellees owned boats which were kept in dry storage racks inside a marina building that was owned by Everglades Marina, Inc. The president and sole stockholder of Everglades set fire to the marina causing damage to the appellees' boats. Everglades had insurance that covered its responsibility for the boats in dry storage and it was undisputed that the insurance policy covered the appellee-boat owners "as third-party beneficiaries under the policy." Id. at 518. The insurance company, however, refused to pay the appellees on their liability claims because the fire was intentionally set by Everglades. Id. The court first recognized: "Under Florida Law, American Eastern and O'Donnell are third-party beneficiaries of the liability contract of insurance." Id. at 519 (emphasis added). 1 Because the...
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