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MOUNT VERNON FIRE INS. v. EDITORIAL AMERICA

No. 79-1020.

374 So.2d 1072 (1979)

MOUNT VERNON FIRE INSURANCE Company, Appellant, v. EDITORIAL America, S.A., and John Mercer Terminal Warehouse Company, Inc., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 25, 1979.

Attorney(s) appearing for the Case

Walton, Lantaff, Schroeder & Carson and James Knight, Miami, for appellant.

Smith, Mandler, Smith, Werner, Jacobowitz & Fried and Richard A. Friend, Miami Beach, Magill, Sevier & Reid, Palm Beach, for appellees.

Before BARKDULL and HUBBART, JJ., and CHAPPELL, BILL G., Associate Judge.

PER CURIAM.

Mount Vernon Fire Insurance Company, the defendant, takes this interlocutory appeal from orders granting motions for partial summary judgment in favor of appellees, Editorial America, S.A., plaintiff, and John Mercer Terminal Warehouse Company, Inc., cross-plaintiff. Notwithstanding the defense raised by the insurer that John Mercer Terminal Warehouse Company, Inc. failed to give timely notice to the insurer and therefore prejudiced the rights of the insurer...

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