JEDAK CORP.
v.
SEABREEZE OFFICE ASSOC.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A landlord cannot recover damages for a tenant's breach of indemnification and insurance provisions when the landlord's own insurer fully covers the losses.
[1] A landlord cannot recover compensable damages for a tenant's breach of indemnification and insurance provisions when the landlord's own insurer fully covers the losses ar…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“where landlord's insurer fully covers loss, landlord suffers no compensable damages arising from tenant's breach of contract”
Court cited Casualty Indemnity Exchange v. Penrod Bros. to support the principle that full insurance coverage eliminates compensable damages
Jedak Corporation leased commercial premises from Seabreeze Office Associates under a written lease requiring the tenant to indemnify the landlord and…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Causation Of Damages cases and more on FLexlaw
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JEDAK CORPORATION D/B/A RAZZLE'S,
Appellant,
v. Case No. 5D16-3777
SEABREEZE OFFICE ASSOCIATES, LLC
AND NEIL HUNTER,
Appellees.
________________________________/
Opinion filed April 13, 2018
Appeal from the Circuit Court for Volusia County, Dennis Craig, Judge.
Cynthia B. Beissel, and F. Bradley Hassell, of Hassell-Legal, P.A., Daytona Beach, for Appellant.
Thomas A. Valdez, of Quintairos, Prieto, Wood & Boyer, P.A., Tampa, and Michael
J. Reilly and Gabriel Dobrin, of Law Offices
of James W. Kehoe, Fort Lauderdale, for Appellee, Seabreeze Office Associates,
LLC.
No Appearance for Other Appellee.
PER CURIAM.
In this action arising from a written commercial lease agreement, Appellee, Seabreeze Office Associates, LLC (“Landlord”), obtained summary judgment for
2 damages arising from the breach of contractual provisions requiring that Appellant, Jedak Corporation d/b/a Razzle’s (“Tenant”), indemnify and provide insurance coverage to protect Landlord from losses arising from Tenant’s occupancy of the premises. Although Tenant raises numerous issues on appeal, we need only address one, which we conclude is dispositive of this dispute. Because Landlord did not incur any damages that were caused by the breach of these particular lease provisions, the lower court erred in granting summary judgment in favor of Landlord and in denying summary judgment in favor of Tenant. Accordingly, we reverse and remand this cause with directions that summary judgment be entered in favor of Tenant. See Cas. Indem. Exch. v. Penrod Bros., 632 So. 2d 1046, 1047 (Fla. 3d DCA 1993) (where landlord’s insurer fully covers loss, landlord suffers no compensable damages arising from tenant’s breach of contract).1
REVERSED AND REMANDED.
COHEN, C.J., PALMER and TORPY, JJ., concur.