CALVERT FIRE INSURANCE COMPANY, APPELLANT,
v.
STEPHEN H. TARR, APPELLEE
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Affirmed judgment for insured on aircraft all-risk insurance claim where trial court found substantial evidence supporting coverage despite insurer's argument that damage resulted from excluded deterioration.
A trial court's judgment for an insured on an all-risk aircraft insurance policy is affirmed when substantial evidence supports the finding that the loss occurred under the policy terms rather than from excluded deterioration.
[1] An all-risk insurance policy judgment for the insured is affirmed on appeal when the trial court's factual findings rest on substantial and competent evidence, even if te…
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Join FLexlaw to unlock all legal intelligenceAppellee held an all-risk insurance policy from appellant covering his aircraft. The aircraft sustained damage, and appellee sued appellant for $11,00…
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PER CURIAM.
Appellant, insurer of appellee’s aircraft, seeks reversal of a judgment in the amount of $11,002.72 entered in favor of appellee pursuant to a non-jury trial. The judgment resulted from an action in the Circuit Court for Dade County by appellee against appellant on an “all risk” policy of insurance covering appellee’s aircraft.
It is appellant’s contention that the trial court erred in entering judgment for appel-lee because the loss did not occur under the terms of the policy of insurance and that the damage was due to deterioration which was not covered under the policy. In our review of the issues presented for decision, we have given due consideration to the applicable principle that a judgment of the trial court reaches the appellate court clothed with a presumption of correctness. The facts herein constituted a question for the trial judge sitting as a trier of the facts and were resolved adversely to the appellant. The record reveals that although the testimony is conflicting there is substantial evidence to support the judgment. Appellate courts must give effect to the findings of a trier of facts, if they rest on substantial, competent evidence and their legal effect was not misinterpreted by such trier of facts. First Atlantic National Bank v. Cobbett, 82 So. 2d 870 (Fla.1955). No reversible error having been demonstrated, the judgment appealed is affirmed.
Affirmed.
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Atkins v. Keller, 400 So. 2d 168 (Fla. 3d DCA 1981)…nce in the record to support the facts as found by the trier of fact, we are required to affirm. Raulerson v. Metzger, 375 So. 2d 576 (Fla. 5th DCA 1979); Palardy v. Igrec, 388 So. 2d 1053 (Fla. 4th DCA 1980); Calvert Fire Insurance Company v. Tarr, 391 So. 2d 244 (Fla. 3d DCA 1981). We are not at liberty to substitute our view of the facts for that as found by the trier of fact if there was any credible evidence to support his finding. Westerman v. Shell’s City, Inc., 265 So. 2d 43 (Fla.1972); Delgado v. Str…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- First Atl. Nat'l Bank OF Daytona Beach v. Olive S. Cobbett, 82 So. 2d 870 (Fla. 1955)