J.C. PENNEY CO., INC. v. DILLARD'S, INC.

No. 4D10-1770.

75 So.3d 795 (2011)

J.C. PENNEY COMPANY, INC., Appellant, v. DILLARD'S, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

November 30, 2011.


Attorney(s) appearing for the Case

Adam B. Leichtling and Edward A. Licitra of Lapin & Leichtling, LLP, Coral Gables, for appellant.

Thomas W. Tierney of Rossway Moore Taylor & Swan, Vero Beach, and Robert A. Kutcher of Chopin Wagar Richard & Kutcher, LLP, Metairie, LA, for appellee.


POLEN, J.

Appellant, J.C. Penney Company, Inc. (JCP), appeals the order of the trial court, granting final summary judgment to appellee, Dillard's, with respect to JCP's claims for damage to its store in Hattiesburg, Mississippi. We find that a genuine issue of material fact exists as to how JCP's insurer applied its deductible and reverse the order granting summary judgment in favor of Dillard's.

JCP sued Dillard's for damage to its store at the Turtle Creek...

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