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AMERICAN RELIANCE INS. CO. v. PEREZ

No. 95-3415.

689 So.2d 290 (1997)

AMERICAN RELIANCE INSURANCE COMPANY, Appellant, v. Andres P. PEREZ and Basita Perez, individually and on behalf of all others similarly situated, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 19, 1997.

Attorney(s) appearing for the Case

Bennell, Woulfe, Kirschbaum, Keller & McIntyre and Nancy W. Gregoire and D. David Keller, Ft. Lauderdale, for appellant.

Lidsky & Vaccaro, Hialeah; Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin and Joel S. Perwin, Miami, for appellees.

Vincent J. Rio, III and Mark K. Delegal, Tallahassee and Marcy J. Levine, Miami, for State Farm Fire & Casualty Company as amicus curiae.

John P. Joy for Aetna Casualty and Surety Company as amicus curiae.

Before GERSTEN, GREEN and FLETCHER, JJ.

FLETCHER, Judge.

American Reliance Insurance Company [insurer] appeals a partial summary judgment on liability in favor of its insureds, Andres and Basita Perez. We reverse and remand for further proceedings.

Following Hurricane Andrew, the insureds made a claim for damage to their home pursuant to their policy which provided that coverage is limited to "actual cash value" of the damage unless actual repair and replacement is completed. If the damage is repaired...

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