KELLER INDUSTRIES, INC. v. EMP. MUT. LIAB. INS. CO.

No. 82-110.

429 So.2d 779 (1983)

KELLER INDUSTRIES, INC., a Florida Corporation, Appellant, v. EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY of Wisconsin, Appellee.

District Court of Appeal of Florida, Third District.

April 12, 1983.


Attorney(s) appearing for the Case

Levine, Reckson, Reed & Geiger and Robert S. Geiger, Miami, for appellant.

Pyszka & Kessler, Greene & Cooper and Joan M. Bolotin, Miami, for appellee.

Before HENDRY, BASKIN and FERGUSON, JJ.


HENDRY, Judge.

Appeal is taken from the final judgment in a declaratory judgment action where the trial court, sitting as trier of fact, awarded appellant Keller Industries $18,540.71 in attorney's fees but denied Keller damages under the contract of insurance. We affirm the final judgment upon a holding that: (1) as the party claiming coverage, Keller had the burden, which it failed to carry, to apportion damages and show that the settlement, or portions thereof...

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