MURRAY KOENIGSBERG AND CLARA KOENIGSBERG, ETC., APPELLANTS,
v.
INTERCONTINENTAL INSURANCE COMPANY, APPELLEE

Fla. 4th DCA | 1990-12-28
No. 88-2111
LETTS, WALDEN and WARNER, JJ., concur. (Judge WALDEN was assigned to panel after oral argument).
571 So. 2d 578 Florida District Court of Appeal, Fourth District (1990) Positive Treatment
Cited by 7 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the trial court’s dismissal of this case.

The appellant claims that the insurance policy language is ambiguous because it does not specify that coverage is unavailable until the deductible amount is met. However, it makes clear that coverage will not be available until eligible expenses are equal to or exceed the deductible amount. The policy states that the insurance company will pay eighty percent of the insured’s eligible expenses, “actually incurred in excess of the Deductible Amount,” “while this policy is in force.” It provides that the insured’s benefit period, with respect to any one illness, begins “on the first day of any period of 1095 consecutive days during which a Covered Person incurs Eligible Expenses in an amount equal to or greater than the Minimum Deductible.” The fact that an insurance contract is complex and requires analysis for one to fully understand it does not render it ambiguous. State Farm Fire and Casualty Co. v. Oliveras, 441 So. 2d 175 (Fla. 4th DCA 1983).

AFFIRMED.

LETTS, WALDEN and WARNER, JJ., concur. (Judge WALDEN was assigned to panel after oral argument).


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  • Gen. Star Indem. Co. v. W. Fla. Vill. INN, Inc., 874 So. 2d 26 (Fla. 2d DCA 2004)
    …v. Souza, 855 So. 2d 187 (Fla. 4th DCA 2003). Further, ambiguity does not exist merely because an insurance contract is complex and requires analysis to interpret it. Swire Pac. Holdings, 845 So. 2d at 165; Koenigsberg v. Intercontinental Ins. Co., 571 So. 2d 578, 579 (Fla. 4th DCA 1990) (construing a deductible provision); Am. Motorists Ins. Co. v. Farrey’s Wholesale Hardware Co., 507 So. 2d 642, 645 (Fla. 3d DCA 1987); Travelers Ins. Co. v. C.J. Gayfer’s & Co., 366 So. 2d 1199, 1201 (Fla. 1st DCA 1979). Wh…
  • Raziya Botee v. S. Fid. Ins. Co., 162 So. 3d 183 (Fla. 5th DCA 2015)
    …ambiguous simply because it is complex and requires analysis to interpret it. Garcia v. Fed. Ins. Co., 969 So. 2d 288, 291 (Fla.2007); Swire Pac. Holdings Inc. v. Zurich Ins. Co., 845 So. 2d 161 (Fla. 2003); Koenigsberg v. Intercontinental Ins. Co., 571 So. 2d 578 (Fla. 4th DCA 1990). A policy is only considered ambiguous if the policy language is susceptible to more than one reasonable interpretation, one providing coverage and the other limiting coverage. See State Farm Fire & Cas. Co. v. Steinberg, 393 F.…
  • Block v. Fireman's Fund Ins. Co., 609 So. 2d 763 (Fla. 3d DCA 1992)
    …work after a sick leave and whether protective gloves should be provided to an employee when handling animals. International Surplus Lines Ins. Co. v. Seagrave House, Inc., 572 So. 2d 933 (Fla. 5th DCA1990); Koenigsberg v. Intercontinental Ins. Co., 571 So. 2d 578 (Fla. 4th DCA1990); American Motorists Ins. Co. v. Farrey’s Wholesale Hardware Co., Inc., 507 So. 2d 642 (Fla. 3d DCA), rev. denied, 518 So. 2d 1274 (Fla.1987); Hess v. Liberty Mut. Ins. Co., 458 So. 2d 71, 72 (Fla. 3d DCA1984); Saha v. Aetna Casual…

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