Florida District Courts of Appeal, 1978

Bankers Insurance Service Corp. v. Southeastern Home Mortgage Co.

Bankers Insurance Service Corp. v. Southeastern Home Mortgage Co.
Florida District Courts of Appeal · Decided October 18, 1978 · Anstead, Dauksch, Downey
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

PER CURIAM.

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.

DOWNEY, C. J., and ANSTEAD and DAUKSCH, JJ., concur.

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