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· 3/8/1979

Excelsior Ins. Co. v. Pomona Park Bar & Package Store

Citations

  • 369 So. 2d 938
  • 1979 Fla. LEXIS 4604

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that every provision in a contract should be given meaning
  • holding that where the Department of Insurance has not detected a violation in a policy, “Section 627.418 is designed to guarantee that the courts not bar coverage to policy holders because their contracts contain a condition or provision which violates the [I]n-surance [C]ode”
  • explaining that the rule requiring ambiguities to be inter- preted against the drafter “does not allow courts to rewrite con- tracts [or] add meaning that is not present”
  • prohibiting courts from “rewrit[ing] contracts, add[ing] meaning that is not present, or otherwise reach[ing] results contrary to the intentions of the parties”
  • observing that the policy and application should be construed together
  • noting the Florida rule requiring the interpretation of ambiguous insurance policies in favor of coverage applies “[o]nly when a genuine inconsistency, uncertainty, or ambiguity in meaning remains after resort to the ordinary rules of construction”

Source: CourtListener parenthetical corpus (CC0).

Judges: Adkins

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.