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IN THE Ci UIT COURT OF THE 19TH
~19~ pNDIFORLSTIRLUCIE~COUNTyIDA, IN
~ CASE NO: 80-352CA
GREENBRIER, PLA?.A, INC. , A
Florida Corporation, )
)
Plaintiff, )
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VS. ~ '
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NOW CORPORATION, INC., a ) ~
Florida Corporation, et al, )
)
. Defendants. )
)
)
0 R D E R ~
THIS CAUSE was heard on the Defendants, AETNA
INSURANCE COMPANY'S , Motion for Summary Judgment in
regard to the issue of insurance coverage applicable to the
Second Amended Complaint. After having heard argument of
counsel and considered rlemorandums of Law the court
finds and determines that there are factual issues which
preclude the entry of a Summary Judgment. Accordingly, the
.~said Motion for Summary Judgment is denied. ~
The broad forn property damage endorsement
~ exclusion set forth in Paragraph A(w) (2) (d) excludes
i
~ only from coverage the particular part of any property ,
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~ which was initiall dama ed but the insurance covera e t
~ Y g . g ~
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does not exclude the remaining damage to the other part ~
~
a
of the buil.ding.
The Cross Motion for Summary Judgment filed by the
NOW CORPORATION, INC., is also denied.
DONE AND ORDERED at Vero Beach,.Ind n River
County, Florida, this 'Day of ~ , 1981.
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- Circu udge
cc:Ernon Sidaway ~ i
Justus Reid
~ Vincent Lloyd ~,~T 23 2~ l$
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