WESTINGHOUSE ELECTRIC CORP. (SELF-INSURED), APPELLANT/CROSS-APPELLEE,
v.
WILLIE WILLIAMS, APPELLEE/CROSS-APPELLANT

Fla. 1st DCA | 1980-02-18
No. QQ-224
ERVIN, SHIVERS and SHAW, JJ., concur.
379 So. 2d 1032 Florida District Court of Appeal, First District (1980) Positive Treatment
Cited by 4 cases

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Synopsis

A general comprehensive liability insurance policy provided coverage for damages resulting from the insured's delivery of the wrong product to a customer, despite policy exclusions for products hazards and completed operations, because the policy's general terms covered the loss.


Holding

The general comprehensive liability insurance policy provided coverage for the damages resulting from the misdelivery of the herbicide, as the policy's general terms covered the loss, and the exclusions did not apply to the specific facts of the case.


Facts & Procedural History

A chemical supplier delivered a herbicide instead of an insecticide to a customer, destroying the customer's tobacco crop. The customer settled the cl…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The record reveals that the claimant worked for one week in one construction job, and for nine weeks in another construction job during the time he was found to be temporarily totally disabled. The deputy commissioner failed to take cognizance of this evidence in ordering the carrier to:

[Rjeclassify all permanent partial disability benefits paid prior to August 30, 1977, as temporary total disability benefits, . pay to the claimant temporary total disability benefits from the date permanent partial disability benefits terminated until August 30, 1977, .

The order, otherwise affirmed, is reversed as to this award, and the cause is remanded to the deputy commissioner for a new order consistent with this opinion. See MJM Construction Co. v. Roberts, IRC Order 2-3387 (March 31, 1978); Purcell v. Douglas, 8 FCR 375 (1974), cert. denied, 302 So. 2d 762 (Fla. 1974).

ERVIN, SHIVERS and SHAW, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • …logical to conclude that a claimant is totally disabled during a period of time when the evidence shows that the claimant could and did work. Cling Electric, Inc. v. Jones, 376 So. 2d 481 (Fla. 1st DCA 1979); Westinghouse Electric Corp. v. Williams, 379 So. 2d 1032 (Fla. 1st DCA 1980). As a second ground for reversal, the record indicates that the deputy found the claimant to be TTD even when he was not suffering the effects of the rash. TTD is defined as the healing period during which the claimant is by reas…
  • …o find entitlement to temporary total disability benefits during periods where the claimant is working full-time in non-sheltered employment. Cling Electric, Inc. v. Jones, 376 So. 2d 481 (Fla. 1st DCA 1979); Westinghouse Electric Corp. v. Williams, 379 So. 2d 1032 (Fla. 1st DCA 1980); Standard Construction & Associates v. Kinsler, 394 So. 2d 1083 (Fla. 1st DCA 1981) [1981 FLW 568]; MJM Construction Co. v. Roberts, IRC Order 2-3387 (March 31, [*854] 1978). The evidence here fails to support claimant’s entitlem…

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