ASSICURAZIONI GENERALI AND INSURANCE NETWORK SYSTEMS, INC., APPELLANTS,
v.
MORTON SCHWARTZ AND SYLVIA SCHWARTZ, HIS WIFE, SANDOR GOTTLIEB AND FAYE S. GOTTLIEB, HIS WIFE, AND P.J.K. INSURANCE, INC., A FLORIDA CORPORATION, APPELLEES

Fla. 4th DCA | 1996-05-29
Nos. 95-0014, 95-1112
GLICKSTEIN, WARNER and POLEN, JJ., concur.
675 So. 2d 194 Florida District Court of Appeal, Fourth District (1996) Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Insurers appeal from two final judgments in favor of mortgagees. As to the first, on the merits, we affirm in part, reverse in part, and remand. As to the second, awarding attorney’s fees and costs, we affirm.

The only substantive reversal is with respect to the award of $96,247 for personal property loss. This was error. The mortgagee clause unequivocally limits loss payment for mortgage holders to “covered loss or damage to buildings or structures.” The findings of the trial court as to reformation and receipt, while also erroneous, do not affect the result; namely, the obligation of appellant to pay for the loss of the building. Appellant’s remaining arguments are not persuasive.

GLICKSTEIN, WARNER and POLEN, JJ., concur.

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