HomeMy WebLinkAbout0326 IN THE CIRCUIT COURT OF THF. NINE-
TEENTH JUDICIAL CIRCt~IT IN ANn FOR
ST. Lt1CIE COUNTY~ FLORIDA. ~ ~
- CIVIL ACTION N0. 78-170 '
RITA GARDELLA, )
Plaintiff, ) ~
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FORTUNE INSURANCE COMPANY, ) ~ ~
Defendant. ) ~
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FINAL JUDCMENT ;
THI~ CAUSE having come on for non-iury trial on ~
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January 29 a~nd~30, 1979, and the Court having considered all ~
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of the evidence and argument Qf counsel, finds and determines:. ~
This is an action for damages under a fire insurance
policy to recover loss of a mobile home, contents and personal ~
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effects in the mobile home, caused by a fire. ?
Plaintiff contends that D~fendant is liable to the
limits of its insurance policy for damages caused by fire to
her mobile home, contents and nersonal effects located therein. _
Defendant contends that Plaintiff did not comply
with the terms and conditions of the nolicy by furnishing a
proof of loss by sworn statement. That the coverage under its
i policy had been rendered void bv virtue of Plaintiff's willful
~ misrepresentation of material facts, and/or circumstances re- s
garding the alleged loss, and that Plaintiff's claim is limited ;
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to her insurable interest in any damaged property. 2
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On December 26, 1977, a fire from an unknown origin
occurred in Plaintiff's mobile home. No arson was suspected,
and the Fire Marshall testified that the fire urobably ori~-
inated from the fuse box. On the date of the fire, there was
in full force and effect a fire insurance nolicv issued by the
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- Defendant to Plaintiff on the mobile home and its contents. ,
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~ Plaintiff and.her son were the registered owners of the mobile ~
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~ home. (D-2) However, Plaintiff was the real owner of the
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