Bassvale Inc., N.V. v. Life Insurance Co. of Virginia

I would reverse the final summary judgment in favor of appellee. Appellee filed its motion for summary judgment prior to the serving of appellant’s answer. In its answer appellant raised multiple affirmative defenses. The appellee failed to disprove factually the affirmative defenses, nor did it prove their legal insufficiency. Elkins v. Barbella, 603 So.2d 726 (Fla. 4th DCA 1992); see also Cufferi v. Royal Palm Dev. Co., 516 So.2d 983 (Fla. 4th DCA 1987); Valhalla, Inc. v. Carbo, 487 So.2d 1125 (Fla. 4th DCA 1986).

Among other things, appellant essentially claimed in its affirmative defense…