Electrical Associates, Inc. v. Lincoln Nat. Life Ins. Co., 90-2339

• Decision Date: 31 July 1991
• Docket Number: No. 90-2339,90-2339
• Citation: 585 So.2d 329
• Parties: ELECTRICAL ASSOCIATES, INC., Appellant/Cross Appellee, v. LINCOLN NATIONAL LIFE INSURANCE COMPANY, Appellee/Cross Appellant. 585 So.2d 329, 16 Fla. L. Week. D2008
• Court: Florida District Court of Appeals

Page 329

585 So.2d 329

ELECTRICAL ASSOCIATES, INC., Appellant/Cross Appellee, v. LINCOLN NATIONAL LIFE INSURANCE COMPANY, Appellee/Cross Appellant.

No. 90-2339.

585 So.2d 329, 16 Fla. L. Week. D2008

District Court of Appeal of Florida, Fourth District.

July 31, 1991.

Clarification Granted, Attorney Fees

Denied; Rehearing

Denied as Untimely

Oct. 3, 1991.

Appeal and cross appeal from the Circuit Court for Palm Beach County; Richard B. Burk, Judge.

David L. Gorman, David L. Gorman, P.A., North Palm Beach, for appellant, cross appellee.

Robert B. Goldman, Shutts & Bowen, West Palm Beach, for appellee, cross appellant.

PER CURIAM.

AFFIRMED.

GLICKSTEIN, C.J., and WALDEN, JAMES H., Senior Judge, concur.

ANSTEAD, J., dissents with opinion.

ANSTEAD, Judge, dissenting.

The trial court held that the disputed terms of appellant's contract of insurance with appellee were unambiguous, and refused to admit parol evidence as to what appellant was told those terms meant before entering into the contract. Although presented in the form of parol evidence, I believe the appellant has raised an issue of estoppel that requires resolution by trial. I would reverse and remand with directions that appellant be granted leave to amend its pleadings to allege estoppel, and for further proceedings to resolve that issue.