WJA Realty Ltd. Partnership v. Employee Benefit Claims, Inc.
District Court of Appeal of Florida
1Opinion of the Court
BASKIN, Judge.
Finding that, contrary to the specific terms of the parties’ Stop Loss Agreement, the payment of the claim for which WJA Realty Limited Partnership [WJA] seeks reimbursement was not made until after the expiration of the effective period of the excess coverage insurance policy, we affirm the trial court’s dismissal with prejudice of WJA’s second amended complaint. See Travelers Indemnity Co. v. Mirlenbrink, 345 So.2d 417 (Fla. 2d DCA 1977).
We reject WJA’s argument that its payment of the June 1984, premium estopped Hartford from denying excess coverage for a claim paid in July…
2Cases cited3 opinions
- Travelers Indem. Co. of RI v. MirlenbrinkDistrict Court of Appeal of Florida · 1977
- Mixson v. Allstate Insurance CompanyDistrict Court of Appeal of Florida · 1980
- Travelers Indemnity Company v. DanaDistrict Court of Appeal of Florida · 1983
3Cited by2 opinions
- Pajcic Ex Rel. Stephen J. Pajcic, III Irrevocable Trust v. American General Life InsuranceDistrict Court, M.D. Florida · 2006
- Bristol West Insurance Co. v. AlbertsonDistrict Court of Appeal of Florida · 2010