Bankers Insurance Service Corp. v. Southeastern Home Mortgage Co.
Bankers Insurance Service Corp. v. Southeastern Home Mortgage Co.
363 So. 2d 401; 1978 Fla. App. LEXIS 16470
(Southern Reporter, Second Series)
Bankers Insurance Service Corp. v. Southeastern Home Mortgage Co.
Opinion of the Court
This is an appeal from a final summary judgment involving the trial court’s construction of an ambiguous provision in a contract of insurance. In Westchester Fire Insurance Co. v. In-Sink-Erator, 252 So.2d 856 (Fla. 4th DCA 1971), this court held that where the terms of a contract are ambiguous, casting doubt upon the intent of the parties, this intent must be determined by the trier of fact upon trial and is not a proper matter for disposition by summary judgment. Such is the case at hand. Accordingly, the final summary judgment is reversed with directions for further proceedings consistent with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.