Florida District Courts of Appeal, 1983

L.B.K., Inc. v. Union Indemnity Insurance

Florida District Courts of Appeal · Decided May 17, 1983 · Baskin, Ferguson, Schwartz

431 So. 2d 329; 1983 Fla. App. LEXIS 20768 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Eastern Air Lines, Inc. v. Gellert (Fla. Dist. Ct. App. 1983)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

At the least, the record presents a genuine issue as to whether the “premises” insured by Union Indemnity included the building damaged by fire. See Gibbons v. Brandt, 170 F.2d 385 (7th Cir. 1947), cert. denied, 336 U.S. 910, 69 S.Ct. 511, 93 L.Ed. 1074 (1949); St. Paul Fire & Marine Ins. Co. v. Coleman, 204 F.Supp. 713, 721 (W.D.Ark. 1962), aff’d, 316 F.2d 77 (8th Cir. 1963), cert. denied, 375 U.S. 903, 84 S.Ct. 191, 11 L.Ed.2d 143 (1963); Blackwelder v. Holyoke Mutual Fire Ins. Co. in Salem, Mass., 10 N.C.App. 576, 180 S.E.2d 37 (1971). The summary judgment entered in the carrier’s favor is therefore reversed.1

. Since the appellant has not sought this relief, we express no view as to whether it may be entitled to judgment in its favor as a matter of law. See Ellenwood v. Southern United Life Ins. Co., 373 So.2d 392 (Fla. 1st DCA 1979).

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