· 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 CourtListenerSourced 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.