Aetna Ins. Co. v. State Farm Fire & Cas. Co., AS-484
| Decision Date | 13 September 1984 |
| Docket Number | No. AS-484,AS-484 |
| Court | Florida District Court of Appeals |
| Parties | AETNA INSURANCE COMPANY, Appellant, v. STATE FARM FIRE & CASUALTY COMPANY, as subrogee of Larry B. Elmore and Eva H. Elmore, his wife, Appellee. |
Wm. M. Howell of Howell, Liles, Braddock & Milton, Jacksonville, for appellant.
Harris Brown and Jerry J. Waxman of Mathews, Osborne, McNatt, Gobelman & Cobb, Jacksonville, for appellee.
Appellant, Aetna Insurance Company, appeals from a final judgment in favor of appellee, State Farm Fire & Casualty Company, and asserts that the trial court erred in granting partial summary judgment on the issue of liability insurance coverage. We agree and remand.
Aetna issued a policy of liability insurance to a building contractor. While the policy was in effect, the contractor built a house including a fireplace and chimney. After the policy expired, the house was destroyed by a fire allegedly caused by the contractor's negligent installation of the fireplace and chimney. State Farm was subrogated to the homeowner's claim against the contractor after paying for the fire loss and brought suit against the contractor joining Aetna as the liability insurer.
In response to a request for admission, Aetna admitted that the insurance forms attached to the request were a correct copy of the provisions of the liability insurance policy it had issued to the contractor. 1 The policy jacket containing definitions and conditions was not attached. 2 Prior to the hearing on appellee's motion for summary judgment, Aetna filed with the court the policy jacket applicable to the year the policy was in effect. The trial court granted appellee's motion finding that the policy does provide coverage to the insured contractor.
There is a genuine issue of material fact as to what documents constituted the insurance contract between Aetna and the building contractor. If on remand the policy jacket is found to have been a part of the insurance contract, there would be no coverage under either the general liability provisions or completed operations provisions since the definition of "property damage" specifically requires occurrence during the policy period; see Travelers Insurance Company v. C.J. Gayfer's & Co., 366 So.2d 1199 (Fla. 1st DCA 1979); Bill Binko Chrysler-Plymouth v. Compass Insurance Co., 385 So.2d 692 (Fla. 4th DCA 1980); Prieto v. Reserve Insurance Company, 340 So.2d 1282 (...
To continue reading
Request your trial
-
Auto Owners Ins. Co. v. Travelers Cas. & Surety
...Id. citing Travelers Ins. Co. v. C.J. Gayfer's & Co., 366 So.2d 1199, 1202 (Fla.App.1st DCA 1979) and Aetna Ins. Co. v. State Farm Fire & Cas. Co., 457 So.2d 512, 513 (Fla. 1st DCA 1984). This court is unconvinced by Reliance's argument and finds that the trigger for coverage was when the l......
-
U.S. Fidelity and Guar. Co. v. American Fire and Indem. Co., 86-184
...See Bill Binko Chrysler-Plymouth, Inc. v. Compass Ins. Co., Inc., 385 So.2d 692 (Fla. 4th DCA 1980); Aetna Ins. Co. v. State Farm Fire & Casualty Co., 457 So.2d 512 (Fla. 1st DCA 1984) rev. denied, 462 So.2d 1108 (Fla.1985); Prieto v. Reserve Ins. Co., 340 So.2d 1282 (Fla. 3rd DCA 1977).5 T......
-
Interested Lloyds Underwriters v. Danzas Corp.
...Techniques, Inc. v. Wackenhut Protective Sys., Inc. , 669 F.2d 1026, 1031–32 (5th Cir. 1982) and Aetna Ins. Co. v. State Farm Fire & Cas. Co. , 457 So. 2d 512, 513 (Fla. 1st DCA 1984) ). Defendant contends "Plaintiff cannot dispute the applicability of the [T]erms and [C]onditions to the su......
-
Trizec Properties, Inc. v. Biltmore Const. Co., Inc.
...the complaining party and not the date of the negligent act or omission which caused the damage. 3 See Aetna Ins. Co. v. State Farm Fire & Cas. Co., 457 So.2d 512, 513 (Fla. 1st DCA 1984); Travelers Ins. Co. v. C.J. Gayfer's & Co., 366 So.2d 1199, 1202 (Fla. 1st DCA 1979); Hertz Corp. v. Pu......