Phoenix Assurance Co. of New York v. Hendry Corp.

267 So.2d 92 (1972)

PHOENIX ASSURANCE COMPANY OF NEW YORK, Appellant,

v.

HENDRY CORPORATION, Appellee.

No. 71-700.

District Court of Appeal of Florida, Second District.

September 27, 1972.

Dewey R. Villareal, Jr., of Fowler, White, Gillen, Humkey, Kinney & Boggs, Tampa, for appellant.

John W. Frost, II, of Holland & Knight, Bartow, for appellee.

HOBSON, Judge.

Appellant, Phoenix, appeals a summary final judgment entered against it in favor of appellee, Hendry, and assigns as error the holding of the trial court that as a matter of law it was precluded under the facts from denying coverage.

Hendry was…