Christ v. Progressive Fire Ins. Co., 288
| Decision Date | 19 March 1958 |
| Docket Number | No. 288,288 |
| Citation | 101 So.2d 821 |
| Parties | John A. CHRIST, Lena Christ, Edgar N. Christ, Walter Christ, Homer G. Christ and Vergil Christ, partners, trading as Christ Building Supply Company, Appellants, v. PROGRESSIVE FIRE INSURANCE COMPANY, a Georgia Corporation, Appellee. |
| Court | Florida District Court of Appeals |
Halley B. Lewis, Arcadia, for appellants.
Treadwell & Treadwell, Arcadia, for appellee.
The appellee here, as plaintiff in the Trial Court, in its complaint set forth that it had issued its policy of insurance insuring the defendants, appellants here, against the hazards named in said policy; that during the policy period, July 1, 1956, to July 1, 1957, defendants were engaged in the general contracting business and had entered into a contract with a third party to furnish all labor and material necessary for the reroofing of this third party's building in Arcadia, Florida; that this building, which was the subject of the contract for reroofing, had four store buildings on the ground floor leased to various tenants; that the defendants in the pursuance of their contract had commenced the reroofing job, but suspended operations for the week-end at about 4:30 P. M. on Friday, July 27, 1956; that thereafter, on the following Sunday, to-wit, July 29th, it began to rain, a heavy rain ensued and rain water seeped through the top of the building and into the store rooms on the ground floor occupied by the said tenants and that the said tenants were calling upon the defendants to reimburse them for damage to their goods and merchandise by reason thereof. In the complaint the plaintiff alleged that it was not liable to the defendants under the terms of the policy, making special reference to paragraph D of the policy wherein it was provided that liability for damage under the terms of the policy must be caused an accident and that no accident had been alleged. Paragraph D provides as follows:
'Coverage D-Property Damage Liability-Except Automobile: To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of injury to or destruction of property, including the loss of use thereof, caused by accident.'
The complaint goes on to allege a genuine controversy relative to the construction of the policy. The defendants filed an answer substantially admitting all the facts in the complaint but contended that the loss resulted from an accident as contemplated by the policy in question.
Upon a motion for summary judgment by the plaintiff, supported by affidavits, and the affidavits and depositions filed on behalf of the defendants, the Trial Court found that there was no genuine issue as to material facts and entered a summary judgment for the plaintiff, holding that a heavy rain under the circumstances was not an accident under the terms of the policy of insurance. The question presented, therefore, is a proper interpretation of the word 'accident' as used...
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