Legal Opinion

Landmark American Insurance Company v. Pin-Pon Corporation and Lexington Insurance Company

District Court of Appeal of Florida

Decided January 7, 2015No. 4D12-3997 and 4D12-4002PublishedCited by 16 opinions

1Opinion of the CourtTaylor, J.

Appellant Landmark American Insurance Company, an excess insurer, appeals an amended final judgment awarding the insured, Pin-Pon Corporation, over $5.8 million for breach of the excess insurance policy. The insurance claims arose from extensive hurricane damage to the insured’s hotel as a result of Hurricanes Frances and Jeanne. We reject Landmark’s argument concerning the proper interpretation of the primary policy. We reverse, however, for a new trial as to code upgrade damages, concluding that the trial court erred in admitting the insured’s Exhibit 98 as a business record.1

Factual…

Also in this document: Concurrence.

2Cases cited22 opinions

  1. Dade Cty. Sch. Bd. v. Radio Station WQBASupreme Court of Florida · 1999
  2. Auto-Owners Ins. Co. v. AndersonSupreme Court of Florida · 2000
  3. Swire Pacific Holdings, Inc. v. Zurich Ins. Co.Supreme Court of Florida · 2003
  4. State Farm Fire & Cas. v. CTC DEVELOPMENTSupreme Court of Florida · 1998
  5. Frank Special v. West Boca Medical CenterSupreme Court of Florida · 2014

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3Cited by16 opinions

  1. American Learning Systems, Inc. v. GomesDistrict Court of Appeal of Florida · 2016
  2. Bahama Bay II Condo. Ass'n, Inc. v. United Nat'l Ins. Co.District Court, M.D. Florida · 2019
  3. Evans v. HSBC Bank, USA, National AssociationDistrict Court of Appeal of Florida · 2017
  4. Sonia J. Sanchez and Hector L. Sanchez v. SunTrust BankDistrict Court of Appeal of Florida · 2015
  5. One South Ocean Drive 2000, LTD and One Ocean Plaza 2001, LTD v. One Ocean Boca, LLCDistrict Court of Appeal of Florida · 2016

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