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HARDAWAY CO. v. U.S. FIRE INS. CO.

Nos. 97-01848, 97-02744

724 So.2d 588 (1998)

The HARDAWAY COMPANY for and on Behalf of WRIGHT CONTRACTING COMPANY, individually and as a joint venture known as Wright-Howard-Smith, Appellant, v. UNITED STATES FIRE INSURANCE COMPANY, Appellee. The Fidelity & Casualty Company of New York, Appellant, v. The Hardaway Company for and on Behalf of Wright Contracting Company, individually and as a joint venture known as Wright-Howard-Smith, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 14, 1999.

Attorney(s) appearing for the Case

Thomas J. Roehn and J. Daniel Clark of Annis, Mitchell, Cockey, Edwards & Roehn, P.A., Tampa; and Geoffrey Johnson of Lewis & McKenna, Saddle River, New Jersey, for Appellant/Appellee The Hardaway Company.

Gary Khutorsky of Stephens, Lynn, Klein & McNicholas, P.A., Miami; and Philip W. Savrin of Freeman Mathis & Gary, LLP, Atlanta, Georgia, for Appellee United States Fire Insurance Company.

Anthony J. Russo and Lisa A. Oonk of Butler, Burnette & Pappas, Tampa, for Appellant The Fidelity & Casualty Company of New York.

BLUE, Acting Chief Judge.

In these consolidated appeals, we are required to decide whether the trial court erred when determining, by summary judgments, coverage questions between a contractor and the issuers of primary and excess comprehensive general liability insurance policies. Because we conclude there was no coverage afforded under these policies for the claims asserted against the contractor, we affirm the trial court's ruling in favor of the excess carrier...

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