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441 So. 2d 174

Poland v. Dash

District Court of Appeal of Florida

Decided November 15, 1983

District Court of Appeal of Florida · decided 1983-11-15

Cited by 1 later decisions — most recently March 1992

1 state decisions

Relies on State Ex Rel. Pensacola News-Journal, Inc. v. Fleet · 376 So. 2d 266 - SHELBY MUT. INS. CO. OF SHELBY v. Manchester

Good law ✅— No negative treatment on recordhow we know

Decided 1983-11-15

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PER CURIAM.

¶1We agree with the trial court that since the relevant insurance policies do not clearly and unambiguously create a coverage exclusion for the water loss suffered by the Dashes, the Dashes are entitled to total coverage, as a matter of law, on the 65%-35% participation ratio provided by the applicable insurance provisions. The trial court’s ruling is supported by the well-settled “general rule of interpretation that when the terms of an insurance policy are capable of two or more constructions, the construction permitting recovery is to be given effect.” Shelby Mutual Insurance Company of Shelby, Ohio v. Manchester, 376 So.2d 266, 268 (Fla. 3d DCA 1979), cert. denied, 388 So.2d 1118 (Fla.1980) (and cases cited therein). Summary judgment in favor of appellees is affirmed.

¶2Affirmed.

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