Empire Fire & Marine Ins. Co. v. Black

546 So.2d 732 (1989)

EMPIRE FIRE & MARINE INSURANCE COMPANY, Appellant,

v.

Byron BLACK, Appellee.

Nos. 87-2223, 88-1621.

District Court of Appeal of Florida, Third District.

May 16, 1989.

Rehearing Denied August 8, 1989.

Carey, Dwyer, Eckhart, Mason, Spring & Beckham and Pamela Beckham, Miami, for appellant.

Kubicki, Bradley, Draper, Gallagher & McGrane and Carol Scott, Miami, for appellee.

Before SCHWARTZ, C.J., and HUBBART and COPE, JJ.

This is an appeal by the defendant Empire Fire and Marine Insurance Company [Empire] from a final judgment based on (1) an adverse partial summary judgment on an…