GISELA INV. v. LIBERTY MUT. INS. CO.

No. 83-2491.

452 So.2d 1056 (1984)

GISELA INVESTMENTS, N.V. and Continental Moving and Storage, Inc., by and through Their Assignees, Meekins-Bamman Prestress, Inc., Puritan Insurance Company and Pinetop Insurance Company, Appellants, v. LIBERTY MUTUAL INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

July 10, 1984.


Attorney(s) appearing for the Case

George, Hartz, Burt & Lundeen and Clinton D. Flagg, Miami, for appellants.

Daniels & Hicks and Patrice A. Talisman, Miami, Richard E. Hardwick, Coral Gables, for appellee.

Before NESBITT, DANIEL S. PEARSON and FERGUSON, JJ.


FERGUSON, Judge.

A provision in a policy of insurance which prohibits assignment thereof except with consent of the insurer does not apply to prevent assignment of the claim or interest in the insurance money then due, after loss. West Florida Grocery Co. v. Teutonia Fire Insurance Co., 74 Fla. 220, 77 So. 209 (Fla. 1917). The trial court's holding to the contrary was incorrect.

We will not affirm the summary judgment entered herein on an alternative...

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