DAVID VANN AND LOIS VANN, AND DAVID VANN AND COMPANY, INC., A DISSOLVED FLORIDA CORPORATION, BY DAVID VANN AND LOIS VANN, TRUSTEES, APPELLANTS,
v.
AMERICAN MOTORISTS INSURANCE COMPANY AND ELLIOT, MCKIEVER & STOWE, APPELLEES
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The Vanns sued their insurance company for losses from a warehouse burglary, claiming $139,950 in damages. The insurer asserted a $10,000 coverage limitation and prevailed at trial. The appellate court affirmed the denial of the Vanns' motions for mistrial and directed verdict, finding the coverage limitation was properly included in the policy endorsements and that any trial errors were harmless.
The court affirmed the trial court's denial of both motions. The coverage limitation was properly included in the policy endorsements, and an insurance agent had testified to informing the Vanns of the limitation multiple times. Additionally, no prejudicial errors occurred at trial because the Vanns opened the door to cross-examination regarding their company's financial status, the objected-to evidence was not presented to the jury, and a curative instruction was given.
[1] A directed verdict is properly denied when the insurer presents substantial competent evidence that the insured was aware of a coverage limitation, even if that limitatio…
[2] A party's testimony regarding their financial status and inventory receipts can open the door to cross-examination and introduction of contradictory evidence by the oppos…
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Join FLexlaw to unlock all legal intelligence“We find that the trial court properly denied the motion for a directed verdict where the limitation in coverage correctly appeared on the endorsements to the policy. EM & S introduced substantial competent evidence that the Vanns were aware of the burglary coverage limitation.”
Establishes the court's holding regarding the directed verdict motion and the validity of the coverage limitation in the policy endorsements.
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Join FLexlaw to unlock all legal intelligenceThe Vanns owned a family clothing importing company and claimed $139,950 in losses from a warehouse burglary. Their insurance policy included a $10,00…
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PER CURIAM.
David Vann and Lois Vann [the Vanns] appeal from a final order denying their motions for mistrial and a directed verdict. We affirm. Elliot, McKiever & Stowe [EM & S] cross-appeals from an order granting two motions in limine. We dismiss the cross-appeal as moot.
The Vanns, the owners of a family-owned clothing importing company, sued EM & S, their insurance company, for losses arising out of a burglary which occurred at their warehouse. The Vanns claimed $139,950 in losses. After the Vanns filed their claim, EM & S informed them that there was a $10,000 limitation on burglary coverage. The policy included an endorsement containing this limitation, but the limitation did not appear on the declarations page of the policy. Prior to trial, the Vanns filed a motion in limine to exclude the introduction of a report prepared by a customs agent who had inspected the Vann’s bonded warehouse three months prior to the burglary. The report stated that ninety percent of the Vann’s inventory was empty boxes out of which the merchandise had already been taken and sold. The Vanns admitted to customs that they attempted to mislead the agents in an effort to delay payment of the tariffs they owed. The Vanns also requested the exclusion of the $10,000 payment to the Vanns by American Motorists Insurance Company. The court granted both motions in limine. During trial, the Vanns objected to what they regarded as constant attempts by EM & S to elicit testimony regarding the report and insurance payment.
The trial court denied the Vanns’ motion for a mistrial and their request for directed verdict on the issue of liability. The Vanns appealed. .
We find that the trial court properly denied the motion for a directed verdict where the limitation in coverage correctly appeared on the endorsements to the policy. EM & S introduced substantial competent evidence that the Vanns were aware of the burglary coverage limitation. An EM & S agent testified that he had informed the Vanns of the $10,000 limitation several times and told them that it could be increased if they purchased a burglar alarm.
We next address the motion for mistrial. The Vanns wanted to exclude any reference to the information discovered by the customs agent. However, Robert Vann opened the door by testifying as to the financial status of the company and by presenting documents showing the receipt of inventory over the previous year. See Ryder Truck Rental, Inc. v. Johnson, 466 So. 2d 1240 (Fla. 1st DCA 1985). EM & S then had the right to cross-examine on those issues and to introduce evidence to directly contradict those factual assertions. However, Robert Vann never answered the question. Therefore, no evidence was ever presented to the jury on that subject. Rather, the Vanns’ objection was sustained and the trial court further gave a curative instruction.
In summary, none of the comments made by defense counsel were so prejudicial or inflammatory as to require mistrial, or a new trial. See Sanchez v. Bengochea, 573 So. 2d 992 (Fla. 3d DCA 1991); Dixie-Bell Oil Co., Inc. v. Gold, 275 So. 2d 19, 21 (Fla. 3d DCA 1973). None of the errors complained of resulted in a miscarriage of justice. See Kelley v. Mutnich, 481 So. 2d 999, 1001 (Fla. 4th DCA 1986); § 59.041, Fla.Stat. (1991). Accordingly, we affirm the trial court’s decision to deny the motions for a mistrial and for a directed verdict. Since the jury verdict is hereby affirmed, the cross-appeal is dismissed as moot.
Appeal affirmed and cross-appeal dismissed.
HUBBART and GODERICH, JJ., concur.
COPE, Judge
(specially concurring).
I concur in affirming the judgment. As I view the record, there was no error as to the appellants. Appellee’s cross-examination was entirely appropriate.
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Rayna Myron v. Doctors Gen. Hosp., Ltd., 704 So. 2d 1083 (Fla. 4th DCA 1997)…ict determined that an attempt to minimize the injury caused by the admission of improper evidence did not result in a waiver of the issue of the erroneous admission of the evidence on appeal. We distinguish Vann v. American Motorists Insurance Co., 627 So. 2d 601 (Fla. 3d DCA 1993) and Ryder Truck Rental, Inc. v. Johnson, 466 So. 2d 1240 (Fla. 1st DCA 1985). In both of these cases the courts held that, where the appellants had introduced evidence during their ease, which “opened the door” for the defendants…
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Miami-Dade Cnty. v. Ada Barilari, 786 So. 2d 672 (Fla. 3d DCA 2001)…PER CURIAM. Affirmed. See Vann v. American Motorists Ins. Co., 627 So. 2d 601, 602 (Fla. 3d DCA 1993) (stating that “none of the comments made by defense counsel were so prejudicial or inflammatory as to require mistrial, or a new trial, especially where the witness never answered the question and no evidence on the issue was…
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Murline Gelin v. CFH Grp., LLC. (Fla. 3d DCA 2021)…termining the adequacy of a verdict is whether a jury of reasonable people could have returned the verdict”) (citing City of Hollywood v. Jarkesy, 343 So. 2d 886, 888 (Fla. 4th DCA 1977)); Vann v. Am. Motorists Ins. Co., 627 So. 2d 601, 602 (Fla. 3d DCA 1993). See also Cabrera, 314 So. 3d at 573 (finding the determination to award no money for future noneconomic damages was supported by the evidence presented at trial, including testimony regarding the plaintiff’s inconsist…
Authorities Cited
- LEE v. State, 275 So. 2d 19 (Fla. 1st DCA 1973)
- Ryder Truck Rental, Inc. v. Johnson, 466 So. 2d 1240 (Fla. 1st DCA 1985)
- Harding v. State, 481 So. 2d 999 (Fla. 2d DCA 1986)
- Sanchez v. Bengochea, 573 So. 2d 992 (Fla. 3d DCA 1991)