PHOENIX ASSURANCE CO. OF NEW YORK v. HENDRY CORP.

No. 71-700.

267 So.2d 92 (1972)

PHOENIX ASSURANCE COMPANY OF NEW YORK, Appellant, v. HENDRY CORPORATION, Appellee.

District Court of Appeal of Florida, Second District.

September 27, 1972.


Attorney(s) appearing for the Case

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 insured by Phoenix under a ship repairer's legal liability policy. A provision of the policy provided that the insurance did not cover any liability "in respect of loss or damage unless discovered prior...

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