DIAZ v. FLORIDA INS. GUAR. ASS'N, INC.

No. 94-1398.

650 So.2d 675 (1995)

Jose G. DIAZ and Caridad Diaz, Appellants, v. FLORIDA INSURANCE GUARANTY ASSOCIATION, INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 15, 1995.


Attorney(s) appearing for the Case

Carlos Lidsky and Charles L. Vaccaro, for appellants.

Walton Lantaff Schroeder & Carson and Robert L. Teitler, for appellee.

Before HUBBART, and BASKIN and LEVY, JJ.


PER CURIAM.

The final summary judgment under review is affirmed, with one modification, upon a holding that, as a matter of law, the appellants' homeowners' insurance policy did not cover the claimed burglary loss because (1) the structure insured was not a dwelling or residence within the meaning of the subject policy, and (2) even if the structure could be so considered, insurance coverage for the structure was excluded because, at the time of loss, it was a dwelling...

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