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Florida District Courts of Appeal, 1985

Florida Physicians Insurance Reciprocal v. Spooner

Florida Physicians Insurance Reciprocal v. Spooner
Florida District Courts of Appeal · Decided June 12, 1985 · Glickstein, Letts, Walden
470 So. 2d 793; 10 Fla. L. Weekly 1452; 1985 Fla. App. LEXIS 14535 (Southern Reporter, Second Series)

Florida Physicians Insurance Reciprocal v. Spooner

Opinion of the Court

LETTS, Judge.

The only issue meriting discussion is the trial court’s order compelling the insurance company to defend. Such an order is erroneous since it is inappropriate to compel specific performance of an executory contract where the insured has an adequate remedy at law. See Biscayne Associates, Inc. v. Carson, 104 So.2d 871 (Fla. 3d DCA 1958). Accordingly, we reverse and remand this action to the trial court to vacate the order compelling the insurer to defend.

REVERSED AND REMANDED.

GLICKSTEIN and WALDEN, JJ., concur.

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