ESTATE OF HENRY LEE MILLS, THE HOME INDEMNITY COMPANY, STEVENSON INSURANCE ASSOCIATES, INC., FLORIDA INSURANCE GUARANTY ASSOCIATION, APPELLANTS,
v.
PROGRESSIVE AMERICAN INSURANCE COMPANY, APPELLEE; PROGRESSIVE AMERICAN INSURANCE COMPANY, APPELLANTS, V. ESTATE OF HENRY LEE MILLS, THE HOME INDEMNITY COMPANY, STEVENSON INSURANCE ASSOCIATES, INC., FLORIDA INSURANCE GUARANTY ASSOCIATION, APPELLEES
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The court held that the coverage provisions of the policies provided coverage to H. L. Mills Construction Company, thus reversing summary judgments for Home and Summit.
The appeals followed a prior mandate. The trial court granted summary judgment for Home Indemnity Company and Summit Insurance Company. The court foun…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
These appeals follow the return of our mandate in Cook v. Mills, 374 So. 2d 599 (Fla. 3d DCA 1979). The trial court granted final summary judgment in favor of Home Indemnity Company and in favor of Summit Insurance Company of New York.1 We conclude the trial court erred in granting the summary judgments since a fair reading of the coverage provisions of the policies in question provided coverage to H. L. Mills Construction Company, of which Mills is undisputedly a member. In view of our conclusion that both Home and Summit are liable, we reverse the summary judgment against Progressive American Insurance Company, the umbrella carrier. Progressive is liable only if the coverage limits of Home and Summit are exceeded. That is not the case here.
This cause is remanded for further proceedings consistent with the views expressed herein.
Reversed and remanded.
The summary judgment in favor of Stevenson Insurance Association, Inc., is affirmed.
. Summit Insurance Company of New York went into receivership and is represented in these proceedings by Florida Insurance Guaranty Association.