Legal Opinion
Walters v. Nationwide Mutual Insurance
District Court of Appeal of Florida
Decided February 11, 1964No. E-354PublishedCited by 5 opinions
1Opinion of the Court
STURGIS, Chief Judge.
The appellant, plaintiff below, appeals from a judgment on the pleadings in favor of appellee, defendant below, entered on the pleadings pursuant to Rule 1.11, Florida Rules of Civil Procedure, 30 F.S.A. The judgment contains a finding, based exclusively on the pleadings, “that no cause of action exists in favor of the Plaintiff under the policy of insurance sued upon.” We reverse.
The material and well-pleaded matters of fact supporting appellant’s claim, which facts are taken as true for the purpose of testing the judgment on the pleadings appealed, reveal that appellant…
2Cases cited3 opinions
- Campbell v. Aetna Casualty and Surety CoCourt of Appeals for the Fourth Circuit · 1954
- Miller v. Farmers Mutual Automobile InsuranceSupreme Court of Kansas · 1956
- Travelers Indemnity Co. v. PrayCourt of Appeals for the Sixth Circuit · 1953
3Cited by5 opinions
- US Sugar Corp. v. Nationwide Mut. Ins.District Court of Appeal of Florida · 1985
- Henigson v. DavisDistrict Court of Appeal of Florida · 1974
- Insurance Co. of North America v. ReadyDistrict Court of Appeal of Florida · 1970
- Garcia v. GEICO GENERAL INSURANCE CO.District Court, S.D. Florida · 2010
- Nationwide Mutual Insurance v. WaltersDistrict Court of Appeal of Florida · 1965