LIBERTY MUTUAL FIRE INSURANCE COMPANY, APPELLANT,
v.
BUENAVENTURA LAKES SHOPPING CENTER, INC., ETC., APPELLEE
LIBERTY MUTUAL FIRE INSURANCE COMPANY, APPELLANT,
BUENAVENTURA LAKES SHOPPING CENTER, INC., ETC., APPELLEE
846 So. 2d 1204
Florida District Court of Appeal, Third District (2003)
Caution
Cited by 15 cases
Opinion of the Court
PER CURIAM.
The defendant, Liberty Mutual Fire Insurance Company [Liberty Mutual], appeals from an adverse final judgment. A review of the record shows that Liberty Mutual had notice of the loss, that there was a disagreement about the amount of the loss, and that therefore the amount of the loss was properly submitted to the appraisal panel. U.S. Fid. & Guar. Co. v. Romay, 744 So. 2d 467 (Fla. 3d DCA 1999). Further, we find that Liberty Mutual’s assertion that an exclusion precludes coverage for the loss is without merit.
Accordingly, we affirm.
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Est. OF Beulah Despain v. Avante Grp., Inc., 900 So. 2d 637 (Fla. 5th DCA 2005)…gations of a complaint are sufficient to state a cause of action). Within the framework of this standard, we will view the record evidence and the proffer in the light most favorable to Despain and accept it as true. Sobi v. Fairfield Resorts, Inc., 846 So. 2d 1204 (Fla. 5th DCA 2003). The essence of the record evidence and the proffer establishes that as of the decedent’s admission to Avante on January 15, 1999, she suffered from a number of maladies, including Alzheimer’s disease and dementia; that the nurs…
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Deutsche Bank Nat'l Tr. Co. v. Lippi, 78 So. 3d 81 (Fla. 5th DCA 2012)…eler v. Indep. Life & Accident Ins. Co., 206 So. 2d 34, 36 (Fla. 3d DCA 1967)). The trial court may not speculate as to whether the allegations are in fact true or whether the plaintiff has the ability to prove them. Sobi v. Fairfield Resorts, Inc., 846 So. 2d 1204, 1206 (Fla. 5th DCA 2003) (quoting Fox v. Prof'l Wrecker Operators of Fla., Inc., 801 So. 2d 175, 178 (Fla. 5th DCA 2001)). “A motion to dismiss is not a motion for summary judgment and a trial court” may not rely upon depositions, affidavits, or ot…
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Walters v. Kirby Blankenship, 931 So. 2d 137 (Fla. 5th DCA 2006)…s intentional and unjustified interference with the relationship and (4) damage to the plaintiff as a result of the breach of the relationship. Ethan Allen, Inc. v. Georgetown Manor, Inc., 647 So. 2d 812 (Fla.1994); Sobi v. Fairfield, Resorts, Inc., 846 So. 2d 1204 (Fla. 5th DCA 2003). Here the Walters alleged the existence of a business relationship with the successful bidders, if not all prospective bidders, their neighbors’ knowledge of this relationship, their neighbors’ intentional and unjustified interf…
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- United States Fid. & Guar. Co. v. Juan and Julia Romay, 744 So. 2d 467 (Fla. 3d DCA 1999)