AETNA CAS. & SURETY CO. v. FRANK MEDINA TRADING CO. INC.

No. 87-1520.

529 So.2d 730 (1988)

AETNA CASUALTY & SURETY COMPANY, Appellant, v. FRANK MEDINA TRADING COMPANY, INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 2, 1988.


Attorney(s) appearing for the Case

Blackwell, Walker, Fascell & Hoehl and James E. Tribble and Douglas H. Stein, Miami, for appellant.

Bailey, Dawes & Hunt and Michael G. Nearing, Miami, for appellee.

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


PER CURIAM.

We reverse the summary judgment in favor of the insured, Frank Medina Trading Company. The basis for the judgment was the trial court's conclusion that the insurer became liable to pay the insured sixty days after proof of loss was received by the insurer. This conclusion was in error, however, since the policy itself provided that

"[t]he amount of loss for which this Company may be liable shall be payable...

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