Electrical Associates, Inc. v. Lincoln National Life Insurance

Florida District Courts of Appeal
Electrical Associates, Inc. v. Lincoln National Life Insurance, 585 So. 2d 329 (1991)
1991 Fla. App. LEXIS 7837; 1991 WL 138893
Anstead, Glickstein, James, Walden

Electrical Associates, Inc. v. Lincoln National Life Insurance

Opinion of the Court

PER CURIAM.

AFFIRMED.

GLICKSTEIN, C.J., and WALDEN, JAMES H., Senior Judge, concur. ANSTEAD, J., dissents with opinion.

Dissenting Opinion

ANSTEAD, Judge,

dissenting.

The trial court held that the disputed terms of appellant’s contract of insurance with appellee were unambiguous, and refused to admit parol evidence as to what appellant was told those terms meant before entering into the contract. Although presented in the form of parol evidence, I believe the appellant has raised an issue of estoppel that requires resolution by trial. I would reverse and remand with directions that appellant be granted leave to amend its pleadings to allege estoppel, and for further proceedings to resolve that issue.

Reference

Full Case Name
ELECTRICAL ASSOCIATES, INC., Appellant/Cross v. LINCOLN NATIONAL LIFE INSURANCE COMPANY, Appellee/Cross
Cited By
1 case
Status
Published