POLAND v. DASH

No. 83-1260.

441 So.2d 174 (1983)

John Michael POLAND, an Underwriter at Lloyds, London, Appellant, v. Philip DASH and Harriet Dash, His Wife, Highlands Insurance Company and Savage-Manfre & Associates, Inc., Appellees.

District Court of Appeal of Florida, Third District.

November 15, 1983.


Attorney(s) appearing for the Case

Fertig, Curtis & Wakefield and Richard S. Womble, Fort Lauderdale, for appellant.

Galbut, Galbut & Menin and Abraham Galbut, Miami Beach, Jorden, Melrose & Schuette and Robert J. Schaffer, Miami, for appellees.

Before HENDRY, BASKIN and JORGENSON, JJ.


PER CURIAM.

We agree with the trial court that since the relevant insurance policies do not clearly and unambiguously create a coverage exclusion for the water loss suffered by the Dashes, the Dashes are entitled to total coverage, as a matter of law, on the 65%-35% participation ratio provided by the applicable insurance provisions. The trial court's ruling is supported by the well-settled "general rule of interpretation that when the terms of an insurance policy...

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