GULF POWER CO. v. INS. CO. OF N. AMERICA

No. AT-272.

445 So.2d 1141 (1984)

GULF POWER COMPANY, Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, Appellee.

District Court of Appeal of Florida, First District.

March 6, 1984.


Attorney(s) appearing for the Case

G. Miles Davis of Beggs & Lane, Pensacola, for appellant.

Roger W. Rizk, Howell, Liles, Braddock, & Milton, Jacksonville, for appellee.


SMITH, Judge.

Gulf Power Company appeals from a final summary judgment fixing liability of Insurance Company of North America on a payment bond in the amount of only $5,543.25. It urges that the trial court erred in rejecting its claim that the surety agreement, as specifically modified by a subsequent rider, obligated INA to pay instead $10,000.00. We agree and reverse.

On April 30, 1982, Gulf Power entered into a contract to provide electrical services to...

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