Legal Opinion
Barcelona Hotel, LLC v. Nova Casualty Co.
District Court of Appeal of Florida
Decided March 2, 2011No. 3D10-1934PublishedCited by 10 opinions
1Opinion of the Court
LAGOA, Judge.
Barcelona Hotel, LLC (“Barcelona”), the insured, appeals a final summary judgment in favor of insurer Nova Casualty Company (“Nova”). Because the trial court erred in determining that the excavator involved in the property damage claim was not a “vehicle,” and therefore not a named peril, we reverse.
I. FACTUAL AND PROCEDURAL HISTORY
In April 2002, a City of Miami Beach contractor was operating an excavator when it struck and damaged the foundation of a hotel owned by Barcelona.1 Bar*230celona was insured under a named-peril building and personal property policy issued by Nova. At…
2Cases cited16 opinions
- Auto-Owners Ins. Co. v. AndersonSupreme Court of Florida · 2000
- Swire Pacific Holdings, Inc. v. Zurich Ins. Co.Supreme Court of Florida · 2003
- State Farm Fire & Cas. v. CTC DEVELOPMENTSupreme Court of Florida · 1998
- Garcia v. Federal Ins. Co.Supreme Court of Florida · 2007
- Penzer v. Transportation Insurance Co.Supreme Court of Florida · 2010
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Botee v. Southern Fidelity Insurance Co.District Court of Appeal of Florida · 2015
- COMMODORE, INC., D/B/A GREENSTREET CAFE v. CERTAIN UNDERWRITERS AT LLOYD'S LONDON, etc.District Court of Appeal of Florida · 2022
- Exotic Motorcars and Jewelry, Inc. v. Essex Insurance CompanyDistrict Court of Appeal of Florida · 2014
- GENE DODGE and KATHLEEN DODGE v. PEOPLE'S TRUST INSURANCE COMPANYDistrict Court of Appeal of Florida · 2021
- Kurtz v. AF & L Insurance Co.District Court of Appeal of Florida · 2017
5 more not listed; retrieve them via the Exa API.