Legal Opinion

Church of the Palms-Presbyterian (U.S.A.), Inc. v. Cincinnati Insurance

District Court, M.D. Florida

Decided November 18, 2005No. 804CV1513TMAPPublishedCited by 4 opinions

1Opinion of the Court

ORDER

PIZZO, United States Magistrate Judge.

After discovering mold in various parts of a building, the Church of the Palms-Presbyterian (U.S.A.), Inc. (the “Church”) filed a claim with its insurer, The Cincinnati Insurance Company (“Insurer”). When the Insurer concluded the damages were subject to an exclusion and denied coverage, the Church brought this action for breach of contract. Both sides have moved for summary judgment and the issues are whether certain exclusion clauses apply and whether the contract is ambiguous (docs. 31 and 32). After consideration, I find that the policy language…

2Cases cited10 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Swire Pacific Holdings, Inc. v. Zurich Ins. Co.Supreme Court of Florida · 2003
  4. Green v. StateSupreme Court of Florida · 1992
  5. The Aetna Casualty and Surety Company v. Harold C. Yates and Eleanor Catherine YatesCourt of Appeals for the Fifth Circuit · 1965

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3Cited by4 opinions

  1. Fiess v. State Farm LloydsTexas Supreme Court · 2006
  2. Mock v. Central Mutual InsuranceDistrict Court, S.D. Georgia · 2016
  3. Fiess v. State Farm LloydsTexas Supreme Court · 2006
  4. Hoover Slovacek L.L.P., Formerly Hoover, Bax & Slovacek, L.L.P. v. John B. Walton, Jr.Texas Supreme Court · 2006

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