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HUSKY ROSE, INC. v. ALLSTATE INS. CO.

Nos. 4D07-4428, 4D08-1582.

19 So.3d 1085 (2009)

HUSKY ROSE, INC., a Florida corporation, d/b/a Danny's 19th Hole Restaurant and Lounge, and Daniel J. Eremian, individually, Appellants, v. ALLSTATE INSURANCE COMPANY, as assignee and subrogee of James L. Case, d/b/a Trail Plaza Shopping Center, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 17, 2009.

Attorney(s) appearing for the Case

Frank J. Bennardo of Bennardo & Bennardo, Boca Raton, and Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., Palm Beach Gardens, for appellants.

Michele A. Cavallaro of Michele A. Cavallaro, P.A., Dania Beach, for appellee James L. Case.

Robert C. Groelle and Jayme Manzo Deere of Groelle & Salmon P.A., Wellington, for appellee, Allstate Insurance Company.

WARNER, J.

The trial court entered a final summary judgment in a dispute between a landlord and its tenant, concluding that the tenant breached the lease by failing to add the landlord as an additional insured on the tenant's insurance policy. This precluded the landlord from obtaining compensation when the building burned down. The court rejected the tenant's claim that the provision of the contract was waived by the landlord's agent. We reverse, as material issues...

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