WORLDWIDE UNDERWRITERS INSURANCE CO. v. KEARNEY

No. 92-04638.

633 So.2d 118 (1994)

WORLDWIDE UNDERWRITERS INSURANCE COMPANY, f/k/a Wausau Insurance Companies, Appellant, v. Charles KEARNEY and Joanne Kearney, Appellees.

District Court of Appeal of Florida, Second District.

March 16, 1994.


Attorney(s) appearing for the Case

Keith M. Carter and Karen O. Wadler, Mitchell and Carter, P.A., Tampa, for appellant.

Dale M. Swope, Law Offices of Dale M. Swope, P.A., Tampa, for appellees.


COPE, CHARLES W., Associate Judge.

We reverse the final summary judgment entered in favor of appellees in this case. As a matter of law, we agree with appellant that the Tarquett hardwood floor was a fixture, alteration, or improvement that is "part of the building contained within the residence premises" under the subject insurance policy. Accordingly, we conclude that the trial court erred in denying appellant's motion for summary judgment.

On remand, we...

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