FRANK C. PETRINE AND SEARLE & MORRIS CORAL GABLES INSURANCE INC., APPELLANTS,
v.
D. BLACK & SONS, INC., A FLORIDA CORPORATION, AND GLEN FALLS INSURANCE CO., A FOREIGN CORPORATION, APPELLEES
PER CURIAM.
The appellants were defendants in an action which charged negligence in the failure to procure insurance for the plaintiff. The plaintiff also sued in the same cause to establish the existence of the insurance. The court found the existence of the insurance but, in the alternative, found that if it should be held by an appellate court that the evidence did not support his finding that the insurance did exist, then the defendant insurance agents would be liable.
The appellants urge on appeal that such an alternative finding is not allowed by the law. No statute or case on point is cited. Appellants’ reliance on Durbin Paper Stock Co. v. Watson-David Insurance Co., 167 So. 2d 34 (Fla.3d DCA 1964) is misplaced inasmuch as in that case the findings were contradictory rather than alternative.
No error having been demonstrated, the judgment is affirmed.
Affirmed.
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Am. Mfrs. Mut. Ins. Co. v. Horn, 353 So. 2d 565 (Fla. 3d DCA 1977)…D STATES FIRE INSURANCE COMPANY provides coverage of $1,000,000.00 for the benefit of the Plaintiff in excess of the $100,000.00 coverage provided by INDIANA INSURANCE COMPANY. Such an alternative holding is proper. Petrine v. D. Black & Sons, Inc., 338 So. 2d 912 (Fla.3d DCA 1976). * * * * * * We will first discuss the contentions presented by appellant American Manufacturers. It argues on appeal that the trial court erred in ordering it to provide coverage from $100,000.00 to $300,000.00 for the benefit o…
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Meyer v. AETNA Cas. & Sur. Co., 360 So. 2d 462 (Fla. 3d DCA 1978)…sought basically the reformation of a contract of insurance to reflect the intent of the parties. We believe that the trial court had jurisdiction to entertain the complaint. Art. V, § 5(b), Fla.Const. See generally Petrine v. D. Black & Sons, Inc., 338 So. 2d 912 (Fla. 3d DCA 1976); Perez v. State Auto Insurance, 270 So. 2d 377 (Fla. 3d DCA 1972); and Poindexter v. Equitable Life Assurance Society, 127 W.Va. 671, 34 S.E. 2d 340 (1945). Accordingly, the order appealed is reversed and the cause is remanded for…
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Authorities Cited
- Durbin Paper Stock Co., Inc. v. Watson-David Ins. Co., Inc., 167 So. 2d 34 (Fla. 3d DCA 1964)