Allstate Insurance Co. v. Anderson, 79-1968

• Decision Date: 10 February 1981
• Docket Number: No. 79-1968,79-1968
• Citation: 394 So.2d 461
• Parties: ALLSTATE INSURANCE COMPANY, Appellant, v. John ANDERSON, Zelindo Biagianti and Dawn Biagianti, Appellees.
• Court: Florida District Court of Appeals

Page 461

394 So.2d 461

ALLSTATE INSURANCE COMPANY, Appellant, v. John ANDERSON, Zelindo Biagianti and Dawn Biagianti, Appellees.

No. 79-1968.

District Court of Appeal of Florida, Third District.

Feb. 10, 1981.

Rehearing Denied March 20, 1981.

Appeal from Circuit Court, Dade County; Thomas G. O'Connell, Judge.

Spencer & Taylor and W. Thomas Spencer, Miami, for appellant.

Frank A. Howard, Jr. and Phyllis O. Douglas, Krupnick & Campbell and Richard A. Barnett, Ft. Lauderdale, for appellees.

Before HUBBART, C. J., and HENDRY and PEARSON, DANIEL, JJ.

PER CURIAM.

The final declaratory decree rendered in this cause is reversed and the cause remanded to the trial court with directions to enter a final decree in favor of the appellant Allstate Insurance Company finding no coverage under the subject insurance policy for the appellee John Anderson based on the authority of General Insurance Company of America v. Reid, 216 So.2d 41 (Fla. 4th DCA 1968), cert. denied, 222 So.2d 752 (Fla.1969), which, in our view, directly controls this case on the insurance coverage issue. See also McCrae v. Snelling, 303 So.2d 670, 672 n.4 (Fla. 4th DCA 1974); Allison v. Imperial Casualty & Indemnity Co., 222 So.2d 254 (Fla. 4th DCA 1969). We have carefully and laboriously examined the authorities contained in the appellee's brief, as well as conducted extensive independent research, but are nonetheless unpersuaded that an ambiguity existed in the subject insurance policy sufficient to confer the requisite insurance coverage upon the appellee Anderson.

Reversed and remanded.