FRANK FERNANDEZ, APPELLANT,
v.
UNITED STATES FIDELITY & GUARANTEE COMPANY, A FOREIGN CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1975-02-11
No. 74-754
Before PEARSON and HENDRY, JJ., and CHARLES CARROLL (Ret.), Associate Judge.
308 So. 2d 49 Florida District Court of Appeal, Third District (1975) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, plaintiff in the trial court, seeks review of an adverse summary judgment determining that the accidental injury which he sustained was not covered by the terms of a homeowner’s insurance policy issued by the appellee.

Appellant contends he is afforded coverage under the policy because he tripped and fell on a cinder block in front of the insured’s residence.

However, from our examination of the record on appeal we are persuaded that the trial court was correct in concluding that the accident occurred in front of the insured’s place of business, which was next to her residence, and was not covered under the policy.

This court may not construe an insurance policy in such a manner as to rewrite the agreement entered into between the parties.. Our construction of the policy must be reasonable, practical and sensible. See, General Acc. F. & L. Assur. Corp. v. Liberty Mut. Ins. Co., Fla.App.1972, 260 So. 2d 249.

Accordingly, the judgment appealed is affirmed.

Affirmed.


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  • Atkins v. Bellefonte Ins. Co., 342 So. 2d 837 (Fla. 3d DCA 1977)
    …ndemnity Co. v. Corbo, 248 So. 2d 238 (Fla.3d DCA 1971); and Valdes v. Smalley, 303 So. 2d 342 (Fla.3d DCA 1974). The insurance contract determines the conditions and limits of coverage, see Fernandez v. United States Fidelity and Guarantee Company, 308 So. 2d 49 (Fla.3d DCA 1975), unless its provisions are contrary to law. See Zipperer v. State Farm Mutual Automobile Insurance Company, 254 F. 2d 853 (5th Cir. 1958). Affirmed.…
  • Marchese v. Lititz Mut. Ins. Co., 524 So. 2d 1155 (Fla. 3d DCA 1988)
    …d many blocks from the insured’s home, would be considered “resident premises” under the policy — clearly an absurd interpretation. See, e.g., James v. Gulf Life Ins. Co., 66 So. 2d 62 (Fla.1953); Fernandez v. United States Fidelity & Guarantee Co., 308 So. 2d 49 (Fla. 3d DCA 1975). Affirmed.…
  • Allstate Ins. Co. v. Fulton, 345 So. 2d 854 (Fla. 3d DCA 1977)
    …fe Assurance Corporation, 214 So. 2d 376 (Fla. 4th DCA 1968); General Accident Fire and Life Assurance Corporation v. Liberty Mutual Insurance Company, 260 So. 2d 249 (Fla. 4th DCA 1972); and Fernandez v. United States Fidelity and Guaranty Company, 308 So. 2d 49 (Fla. 3d DCA 1975). Accordingly, the partial summary judgment appealed is reversed and the cause is [*856] remanded for further proceedings in accordance with the views herein expressed. Reversed and remanded. . “DEFINITIONS (Applicable tb Secti…

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