STONEWALL INSURANCE COMPANY, APPELLANT,
v.
EMERALD FISHERIES, INC., APPELLEE

Fla. 3d DCA | 1980-10-07
No. 79-2285
Before HUBBART, C. J., and SCHWARTZ and BASKIN, JJ.
388 So. 2d 1089 Florida District Court of Appeal, Third District (1980) Positive Treatment
Cited by 8 cases
Topics
Insurance Coverage Burden Of Proof

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Opinion of the Court
BASKIN, Judge.

BASKIN, Judge.

Based upon logical inferences derived from substantial competent evidence, the trial court determined that the damage to the engine of the vessel, Don Rafa, resulted from its operation with insufficient oil pressure or after it had been overheated, and that its operation in that manner was a negligent or intentional act of the captain or a crew member. The court’s ruling correctly determined that the loss was covered under Emerald Fisheries’ marine insurance policy issued by Stonewall Insurance Company. The burden was on Stonewall to establish that the loss resulted from a causé excepted from the policy. U. S. Liability Insurance Co. v. Bove, 347 So. 2d 678 (Fla.3d DCA 1977). Emerald Fisheries was not required to disprove other possible causes. See Aetna Casualty & Surety Co. v. Florida Power & Light Co., 367 So. 2d 1104 (Fla.3d DCA 1979).

The decision is, therefore, affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Hudson v. Prudential Prop. & Cas. Ins. Co., 450 So. 2d 565 (Fla. 2d DCA 1984)
    …e loss arose from a cause which is excepted. Phoenix Insurance; Jewelers Mutual Insurance Co. v. Balogh, 272 F. 2d 889 (5th Cir.1959). The plaintiff is not required to disprove any excepted causes. Stonewall Insurance Co. v. Emerald Fisheries, Inc., 388 So. 2d 1089 (Fla. 3d DCA 1980). As the parties point out, there was a direct conflict in the evidence as to the cause of the damage to the Hudsons’ home. Thus, the trial court’s allocation of the burden of proof on the issue of Prudential’s liability became of…
  • Shankle v. VIP Lounge, Inc., 468 So. 2d 548 (Fla. 5th DCA 1985)
    …premises, the requisite elements of care, custody or control are established. The burden is on the insurer to prove non-coverage once the insured has shown a loss from causes within the policy’s terms. Stonewall Ins. Co. v. Emerald Fisheries, Inc., 388 So. 2d 1089 (Fla. 3d DCA 1980); U.S. Liability Ins. Co. v. Bove, 347 So. 2d 678 (Fla. 3d DCA 1977). See Ideal Mutual Ins. Co. v. C.D.I. Const, Inc., 640 F. 2d 654 (5th Cir.1981) (applying Florida law). Upon loss from a covered peril, North East had the burden o…
  • Brian R. Ashby and/or Lloyd's Underwriters v. Hobojo Racing Stables, Inc., 421 So. 2d 9 (Fla. 3d DCA 1982)
    …PER CURIAM. Affirmed. Stonewall Insurance Company v. Emerald Fisheries, Inc., 388 So. 2d 1089 (Fla. 3d DCA 1980); Bass v. Aetna Casualty and Surety Company of Hartford, Connecticut, 199 So. 2d 790 (Fla. 4th DCA 1967); Circle 4 Stables, Inc. v. National Surety Corporation, 451 S.W. 2d 564 (Tex.Civ.App.1970).…

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