MONARCH INS. CO. OF OHIO, INC. v. OKEY

No. 78-818.

370 So.2d 1153 (1978)

MONARCH INSURANCE COMPANY OF OHIO, INC., Appellant, v. Arthur OKEY and Bobby Okey, His Wife, Appellees.

District Court of Appeal of Florida, Fourth District.

November 1, 1978.


Attorney(s) appearing for the Case

A. Craig Cameron of Gosney, Cameron & Parsons, P.A., Daytona Beach, for appellant.

Robert D. Melton, Professional Association, Orlando, for appellees.


BERANEK, Judge.

This is an interlocutory appeal from a summary judgment of liability in favor of the plaintiff. Plaintiff sued the defendant on a fire insurance policy. The trial court granted summary judgment in plaintiff's favor and defendant appeals. We reverse.

There was abundant circumstantial evidence that the plaintiff had recently overinsured the residence which was destroyed by fire when plaintiff was away on vacation. A member of plaintiff's family...

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