[Download] "Reinman v. Preferred Mutual Insurance Company" by Third District Court of Appeal of Florida # Book PDF Kindle ePub Free

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eBook details

• Title: Reinman v. Preferred Mutual Insurance Company
• Author : Third District Court of Appeal of Florida
• Release Date : January 13, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

Javier Caban, in another action, brought suit against Reinman for injuries allegedly caused by a diving belt manufactured
by Reinman. The complaint was based on theories of strict liability, negligence and breach of implied warranty. Reinman made
a demand on preferred Mutual, its insurer, for a defense of the claim and indemnity. Preferred refused and brought this action
for a Declaratory Judgment. Reinman filed an answer and counterclaim alleging, inter alia, that the contract was ambiguous
or did not exclude products liability coverage. Reinman brings this appeal from a judgment which declares that on the pleadings
there was neither coverage nor a duty to defend. The trial court based its ruling on a provision in the insurance agreement which excludes coverage for "bodily injury or
property damage included within the Completed Operations Hazard or the Products Hazard," notwithstanding that the technical
terms are of uncertain meaning. Where particular words or phrases used in insurance contracts are "ambiguous," that is, doubtful
as to meaning or capable of having more than one meaning, extrinsic evidence may be introduced to explain the ambiguity. Significantly,
the contract provides no definition of the terms "Completed Operations Hazard" and " Products Hazard." The absence of a definition
of the key terms presents an issue of fact. See Friedman v. Virginia Metal Prods. Corp., 56 So.2d 515 (Fla. 1952); Hoffman
v. Terry, 397 So.2d 1184 (Fla. 3d DCA 1981). The question is not new. In a similar case it was held that the insurer was not
entitled to a judgment as a matter of law where a clause in the liability insurance contract excluding coverage for "products-completed
operations" did not define the terms. See Nixon v. United States Fidelity & Guar. Co., 290 So.2d 26 (Fla. 1973).

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