LEONARD BROS. TRUCKING CO., INC., ETC., APPELLANT,
v.
FIREMAN'S FUND INS. CO., APPELLEE
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The appellate court affirmed a summary judgment for an insurance company, holding that the policyholder failed to demonstrate that the damage to their machine was caused by an "external cause" as required by the insurance policy.
No, the damage was not caused by an external cause as required by the policy, and summary judgment for the insurer was appropriate.
“that the record is uncontroverted that the damage complained of by plaintiff herein was not occasioned by, nor did said loss result from, an 'external cause' as is provided by the insurance policy”
This quote states the trial court's basis for granting summary judgment, highlighting the lack of evidence for an 'external cause'.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe appellant policyholder sued the appellee insurance company under a policy covering externally caused damage to a machine. The trial court entered …
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This is an appeal from a summary final judgment for the appellee insurance company in a suit brought by the appellant policyholder upon a policy which insured the plaintiff against externally caused damage to a machine. The basis for the judgment as set out therein is as follows: “ * * * that the record is uncontroverted that the damage complained of by plaintiff herein was not occasioned by, nor did said loss result from, an ‘external cause’ as is provided by the insurance policy * *
The trial court correctly ruled that no material issue of fact remained to be tried and that the appellee was therefore entitled to a judgment as a matter of law. Cf. General Mortgage and Finance Corp. v. Panks, Fla.App.1967, 193 So.2d 710; Turner Produce Co. v. Lake Shore Growers Co-op. Ass’n, Fla.App.1969, 217 So.2d 856.
Affirmed.
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Citator
Cited By
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Cent. Cold Storage, Inc. v. Lexington Ins. Co., 452 So. 2d 1014 (Fla. 3d DCA 1984)…ealty Company, Inc. v. Insurance Company of North America, 469 F.Supp. 1287 (S.D.N.Y.1979). There is no claim for the damage to the compressor which would have been internal. Compare, Leonard Bros. Trucking Co., Inc. v. Fireman’s Fund Insurance Co., 227 So. 2d 312 (Fla. 3d DCA 1969); Greene v. Cheetham, 293 F. 2d 933 (2d Cir.1961); Avis v. Hartford Fire Insurance Co., 283 N.C. 142, 195 S.E. 2d 545 (1973). Therefore the final summary judgment under review be and the same is hereby reversed with directions to…
Authorities Cited
- Turner Produce Co., Inc. v. Lake Shore Growers Coop. Ass'n, 217 So. 2d 856 (Fla. 4th DCA 1969)
- Egantoff v. Herring, 193 So. 2d 710 (Fla. 2d DCA 1967)
- Gen. Mortg. & Fin. Corp. v. Panks, 193 So. 2d 710 (Fla. 2d DCA 1967)