Biscayne Supermarket, Inc. v. Travelers Insurance Co.
Cases that cite this one
7 later published cases cite this decision.
- Owners Insurance Co. v. Hartford Fire Insurance Co. (Fla. Dist. Ct. App. 2004)
- Columbia Casualty Company v. Southern Flapjacks, Inc. (11th Cir. 1989)
- Traveler's Indem. v. Duffy's Tavern (Fla. Dist. Ct. App. 1989)
- Columbia Casualty Co. v. Southern Flapjacks, Inc. (11th Cir. 1989)
- Tillery v. Hull & Co., Inc. (United States District Court for the Middle District of Florida 1988)
- State v. Abelson (Fla. Dist. Ct. App. 1986)
- Maryland Cas. Co. v. Fla. Produce Distrib. (Fla. Dist. Ct. App. 1986)
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
BISCAYNE SUPERMARKET, INC. and K.R.D., Inc., Appellants,
v.
The TRAVELERS INSURANCE COMPANY, Appellee.
District Court of Appeal of Florida, Third District.
Donald L. Graham, Richard M. Gale, Miami, for appellants.
James O. Nelson and Lorraine M. Solomon, Miami, for appellee.
Before SCHWARTZ, C.J., and BARKDULL and FERGUSON, JJ.
PER CURIAM.
The jury verdict in this action on a fire insurance policy was substantially less than the lowest amount of damages supported by the evidence and therefore may not be permitted to stand. Griffis v. Hill, 230 So.2d 143 (Fla. 1969); Borges v. Jacobs, 483 So.2d 773 (Fla. 3d DCA 1986) and cases cited. Because, however, the verdict may well have involved a compromise on the hotly disputed arson defense, we conclude that the cause must be retried on the issues of both liability and damages. Borges.
We agree with the plaintiffs that, in the event they are successful at the new trial, they are entitled to prejudgment interest from the date that the proceeds would have been due under the policy. National Union Fire Insurance Co. v. Gelfand, 477 So.2d 28 (Fla. 3d DCA 1985); Miller v. First Service Corp., 471 So.2d 1332 (Fla. 3d DCA 1985); see also Argonaut Insurance Co. v. May Plumbing Co., 474 So.2d 212 (Fla. 1985).
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.