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HomeMy WebLinkAbout0092 The Court has heard argument of counsel~ has exaniined the several citations of authority and has further read and con- sidered all the files, pleadings, exhibits and depositions in this case. It is upon consideration ORDERED AND ADJUDGED as follows: 1. That as there are issues of material fact, the Motion for Summary Judgment by Defendant, SILCO OF FT. PIERCE, INC. as to Count I of the Amended Complaint filed by the Plaintiff. EARMAN OIL CObiPANY, f/u/b/o FLORIDA FARM BUREAU INSURANCE CO~PANY be, and the same is hereby denied. 2. That the issues involved in the Third Party Complaint between SILCO OF FT. PIERCE, INC. and JOSEPH COHEN, individually, on the one hand, and AMERICA~N STATES INSURANCE CO~iPANY and A~iERICAN ECONO~Y INSURANCE COAiPANY, on the other hand are whether the insurance policies issued afforded coverage for the incident of fire loss herein involved and whether such policies obligated said insurance companies to provide a defense for the insureds agai-nst the original claim herein against them by the Plaintiffs. The policies in question are neither confusin~ nor ambiguous and a reading thereof affirmatively shows that no coverage is afforded ; by either of them for the incident of fire loss herein involved. ~ Also, neither of said policies obligate said insurance companies I ¢ to provide any defense for the insureds in this cause and there are ~ r ~ no issues of material fact. Therefore, the Motion for Summary t ~ Judgment by SILCO OF FT. PIERCE, INC. and JOSEPH COHEN~ individually ~ a ~ against A~ERICAN STATES INSURANCE COMPANY and AMERICAN ECONO~Y INSURANCE COMPANY be, and t6e same is hereby denied. The Motion ~ f~r SummarS? ;.T~!~gment by Third p?rt; T1F+fPn~~ntc, A~~ERICAN STATFS ~ INSURANCE COMPANY and AAiERICAh ECONOMY INSURANCE COMPANY against ~ ~ Third Party Plaintiffs, SILC~ OF FT. PIERCE, INC. and JOSEPH COHEN, ~ individually be, and-the same is hereby granted and Summary Judgment ~ - is hereby entered for said Third Party Defendants again~~ said ~ ~ ~Third Party Plaintiffs. ~ ~ 3.. On the Motion for Summary Judgment filed by Third Party Defendants, DAVID G. WILBUR INSURANCE AGENCY~ INC. and DAVID ~ ~ ~ ~ ~ ~ - ~OaK ~v~ PACE N~ ~ ~ - - - - - . ~ ~.F ~ _