AETNA INS. CO. v. ST. FARM FIRE & CAS. CO.

No. AS-484.

457 So.2d 512 (1984)

AETNA INSURANCE COMPANY, Appellant, v. STATE FARM FIRE & CASUALTY COMPANY, As Subrogee of Larry B. Elmore and Eva H. Elmore, His Wife, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 29, 1984.


Attorney(s) appearing for the Case

Wm. M. Howell of Howell, Liles, Braddock & Milton, Jacksonville, for appellant.

Harris Brown and Jerry J. Waxman of Mathews, Osborne, McNatt, Gobelman & Cobb, Jacksonville, for appellee.


SHIVERS, Judge.

Appellant, Aetna Insurance Company, appeals from a final judgment in favor of appellee, State Farm Fire & Casualty Company, and asserts that the trial court erred in granting partial summary judgment on the issue of liability insurance coverage. We agree and remand.

Aetna issued a policy of liability insurance to a building contractor. While the policy was in effect, the contractor built a house including a fireplace and chimney. After...

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