U.S. Liability Ins. Co. v. Bove, 76-707
Decision Date | 07 June 1977 |
Docket Number | No. 76-707,76-707 |
Citation | 347 So.2d 678 |
Parties | U. S. LIABILITY INSURANCE COMPANY, Appellant, v. Annette De Maria BOVE, Appellee. |
Court | Florida District Court of Appeals |
Preddy, Haddad, Kutner, Hardy & Josephs and T. G. Anagnost, Miami, for appellant.
Fine & Brownstein, Miami, for appellee.
Blackwell, Walker, Gray, Powers, Flick & Hoehl, Miami, for National Ass'n of Independent Insurers as amicus curiae.
Before PEARSON, HAVERFIELD and HUBBART, JJ.
Defendant insurance company appeals a final judgment awarding plaintiff $16,000 for loss of unscheduled personal property due to theft involving defendant's limits of liability under a homeowner's insurance policy.
On April 4, 1973 the residence of plaintiff, Annette De Maria Bove, was broken into and jewelry having a value in excess of $20,000 was stolen. At the time plaintiff had in force a homeowner's policy issued by the appellant, U.S. Liability Insurance Company, which covered loss due to theft of unscheduled property up to a total limit of $16,000. The policy also contained the following provision which is the subject matter of this action:
Plaintiff filed a proof of loss with the defendant reciting that "a burglary" occurred at her residence itemizing her losses in excess of $26,000 and demanding $16,000, the policy limit for unscheduled personal property. Defendant rejected this demand and refused to pay in excess of $500 pursuant to the terms of the policy set out above. Thereupon, plaintiff filed a complaint seeking recovery of $16,000. At trial plaintiff made the inference for the first time that possibly more than one theft had occurred on April 4 and the trial judge entered judgment for $16,000 in favor of the plaintiff based upon the following findings
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