TOWN OF SURFSIDE v. MORRISON ASSUR.

No. 80-1064.

394 So.2d 530 (1981)

TOWN OF SURFSIDE, Florida, Appellant, v. MORRISON ASSURANCE COMPANY, INC., Appellee.

District Court of Appeal of Florida, Third District.

February 24, 1981.


Attorney(s) appearing for the Case

Cypen & Nevins and Stephen H. Cypen, Miami Beach, for appellant.

Stephens, Schwartz, Lynn & Chernay, P.A. and Robert M. Klein, Miami, for appellee.

Before HUBBART, C.J., and SCHWARTZ and BASKIN, JJ.


BASKIN, Judge.

In this appeal, the Town of Surfside challenges an adverse summary judgment which resulted in a denial of insurance coverage for bodily injuries sustained by a child who had been playing ball at a Surfside park. We hold that the insurance policy furnished the Town of Surfside by Morrison Assurance Company did not exclude the injury sustained. We therefore reverse the summary judgment.

The complaint for declaratory relief filed by Morrison Assurance...

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