Florida District Courts of Appeal, 1969

Southern Home Insurance v. Manhattan Fire & Marine Insurance

Southern Home Insurance v. Manhattan Fire & Marine Insurance
Florida District Courts of Appeal · Decided November 10, 1969 · Ben, Cross, McCain, Overton
227 So. 2d 691 (Southern Reporter, Second Series)

Southern Home Insurance v. Manhattan Fire & Marine Insurance

Opinion of the Court

PER CURIAM.

Affirmed.

McCAIN, J., and OVERTON, BEN F„ Associate Judge, concur. CROSS, C. J., dissents, with opinion.

Dissenting Opinion

CROSS, Chief Judge

(dissenting) :

This case concerns two insurance companies who issued policies of insurance covering the same risk, each company claiming coverage as being excess over any other valid and collectible insurance. I would prorate the liability according to their policy limits. See Pacific Indemnity Company v. Federated American Insurance Company, Wash.1969, 456 P.2d 331.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.