Contra Proferentem

205 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Rigel v. Nat'l Cas. Co.
  76 So. 2d 285· Fla.· 1954-12-07 ·cited 107×
  Rigel held an insurance policy covering hospital and nursing expenses. After his wife was treated for breast carcinoma, the insurer cancelled the policy but later revived it with a rider excluding liability for "Carcinoma or any disease of the breasts." When the wife was later ho
• St. Lucie Cnty. Bank & Tr. Co. v. Aylin
  94 Fla. 528· Fla.· 1927-08-01 ·cited 101×
  St. Lucie County Bank sought to apply collateral securities pledged under a $2,312 note to satisfy matured Braswell notes totaling $21,750 that the bank owned. The Florida Supreme Court held that the collateral agreement's general language covering "any other liability" must be r
• Wash. Nat'l Ins. Corp. v. Sydelle Ruderman
  117 So. 3d 943· Fla.· 2013-07-03 ·cited 100×
  The Florida Supreme Court answered certified questions from the Eleventh Circuit regarding whether an insurance policy's automatic benefit increase percentage applies only to daily benefits or also to lifetime and per-occurrence maximum benefits. The Court held that the ambiguous
• State Farm Mut. Auto. Ins. Co. v. Gilda Menendez
  70 So. 3d 566· Fla.· 2011-08-25 ·cited 86×
  State Farm sought review of a Third District decision that found a household exclusion in an automobile insurance policy ambiguous and unenforceable to exclude coverage for bodily injuries to members of a permissive driver's household. The Florida Supreme Court held that the hous
• Encyclopaedia Britannica, Inc. v. SS Hong Kong Producer
  422 F.2d 7· 2d Cir.· 1969-10-30 ·cited 76×
  The dissenting judge argues that the shipper's agent had a duty to examine the bill of lading, and the containers should be considered the 'packages' for the $500 limitation under COGSA.
• NAT Harrison Assocs., Inc. v. Fla. Power & Light Co.
  162 So. 2d 298· Fla. 3d DCA· 1964-03-31 ·cited 68×
  Nat Harrison Associates appeals a judgment holding it liable to Florida Power & Light Company under an indemnification agreement. The court reverses, finding that the contract language does not clearly and unequivocally require the contractor to indemnify the utility company for
• Gulf Life Ins. Co. v. Nash
  97 So. 2d 4· Fla.· 1957-07-31 ·cited 67×
  Gulf Life Insurance Company appealed a judgment awarding benefits under both an ordinary life insurance policy and an accident policy issued to Claude M. Nash, Jr., following his death from a self-inflicted gunshot wound. The court affirmed the judgment on the life policy but rev
• LEE v. Ætna Cas. & Sur. Co.
  178 F.2d 750· 2d Cir.· 1949-12-29 ·cited 64×
  The insurer has a duty to defend a suit against the insured if the complaint alleges facts that could potentially fall within the policy's coverage, even if the allegations are ambiguous.
• Siegelman v. Cunard White Star Ltd.
  221 F.2d 189· 2d Cir.· 1955-02-17 ·cited 57×
  A claim agent's statement that it would not be necessary to file suit within the contractually stipulated one-year period constitutes a waiver or estoppel, preventing the defendant from asserting that limitation.
• Williamsburg Drapery Co. v. The United States
  369 F.2d 729· Ct. Cl.· 1966-12-16 ·cited 52×
  The court affirmed the trial commissioner's decision to review the merits, finding no abuse of discretion in overlooking procedural defects in the contractor's presentation.
• Over THE Rd. Drivers, Inc. v. Transp. Ins. Co.
  637 F.2d 816· 1st Cir.· 1980-12-10 ·cited 41×
  The court held that the insurance policy did not create joint and several liability for premium payments among the insured companies, and thus Over The Road was only liable for its own premiums.
• John F. Harkins Co., Inc. v. The Waldinger Corp.
  796 F.2d 657· 3d Cir.· 1986-07-14 ·cited 38×
  The court held that the district court's interpretation of the subcontract's arbitration provision, limiting it to the scope of the primary contract's arbitration clause, was not clearly erroneous and affirmed the injunction against arbitration.
• Kunin v. Benefit Tr. Life Ins. Co.
  910 F.2d 534· 9th Cir.· 1990-03-21 ·cited 37×
  The court held that the denial of benefits for autism treatment was arbitrary and capricious because the insurer's investigation was inadequate and the policy's term 'mental illness' was ambiguous, requiring construction in favor of the insured.
• Am. Home Prods. Corp. v. Liberty Mut. Ins. Co.
  748 F.2d 760· 2d Cir.· 1984-11-13 ·cited 36×
  The court held that insurance coverage is triggered by an injury in fact occurring during the policy period, not by manifestation or diagnosability of the injury after the policy period ends. The court also affirmed the refusal to issue specific declaratory judgments for each und
• Daleo v. Bert & Bette Bayfront 66 Marine
  273 So. 2d 113· Fla. 3d DCA· 1972-12-12 ·cited 35×
  Appellants sought recovery for personal injuries from a boat engine explosion under their marina operator's liability insurance policy. The trial court granted summary judgment for the insurer based on a policy exclusion for bodily injuries arising from watercraft operation away
• Motor Vehicle Cas. Co. v. Atl. Nat'l Ins. Co.
  374 F.2d 601· 5th Cir.· 1967-03-14 ·cited 35×
  The court held that an endorsement amending an insurance policy's 'Other Insurance' clause was intended to apply only to operations in Maryland, not nationwide.
• Lippo v. Mobil OIL Corp.
  776 F.2d 706· 7th Cir.· 1985-10-30 ·cited 34×
  The majority's interpretation that a dealer's fraud is a curable default under the contract, allowing termination only after ten days, is incorrect.
• Marston v. Am. Emp'rs Ins. Co.
  439 F.2d 1035· 1st Cir.· 1971-03-22 ·cited 32×
  The court held that the insurance policy was ambiguous and covered Inter-Island's negligence, that the administratrices had capacity to sue due to waiver, and that the district court did not abuse its discretion in awarding attorneys' fees for obstinacy.
• S. Mut. Help Ass'n, Inc. v. Califano
  574 F.2d 518· D.C. Cir.· 1977-12-23 ·cited 31×
  The dissenting judge held that SMHA lacked standing because it failed to allege a specific, redressable injury, and even if it had standing, the court should defer to the Department's interpretation of its own regulations.
• Kaufman & Broad Home Sys., Inc. v. Int'l Bhd. OF Firemen & Oilers, AFL-CIO
  607 F.2d 1104· 5th Cir.· 1979-12-05 ·cited 30×
  Notice to modify a collective bargaining agreement, under the specific duration clause at issue, prevents automatic extension of the agreement, and the court's interpretation of the duration clause is supported by extrinsic evidence and federal labor policy.
• PAN Am. World Airways, Inc. v. The AETNA Cas. & Sur. Co.
  505 F.2d 989· 2d Cir.· 1974-10-15 ·cited 30×
  The court held that the all-risk insurers failed to prove the hijacking loss fell within the policy exclusions, and therefore the loss was covered.
• Ahto Walter v. Marine Off. OF Am.
  537 F.2d 89· 5th Cir.· 1976-08-16 ·cited 29×
  The court held that the vessel had not been 'delivered' under the builder's risk policies, and therefore, coverage was in effect when the vessel capsized during transit. The court also held that the mortgagee was entitled to recover under its policy even though the owner had repa
• Eli Lilly & Co. v. Home Ins. Co.
  794 F.2d 710· D.C. Cir.· 1986-06-24 ·cited 24×
  The court held that under Indiana law, extrinsic evidence is inadmissible to construe ambiguous insurance contract terms, and coverage is triggered at any point between ingestion of DES and manifestation of disease, affirming summary judgment.
• United States v. Lennox Metal Mfg. Co., Inc.
  225 F.2d 302· 2d Cir.· 1955-08-01 ·cited 24×
  The court held that the government wrongfully terminated the contract because it was itself in material breach of its payment obligations, and the defendant was not in default.
• Gresham & Co., Inc. v. The United States
  470 F.2d 542· Ct. Cl.· 1972-12-12 ·cited 22×
  The court held that the parties are bound by a stipulation agreeing that the contracts did not require automatic detergent dispensers, despite the specification language.
• Northbrook Excess & Surplus Ins. Co. v. Procter & Gamble Co.
  924 F.2d 633· 7th Cir.· 1991-01-04 ·cited 21×
  The court held that the district court's award of costs for a computerized document database was not an abuse of discretion and should not have been vacated.
• Prudential Ins. Co. OF Am. v. Barnes
  285 F.2d 299· 9th Cir.· 1960-12-21 ·cited 20×
  The court held that the phrase 'passenger with no duties aboard the aircraft while in flight' in an insurance policy is ambiguous and should be interpreted in favor of the insured.
• Travelers Indem. Co. v. Nielson
  277 F.2d 455· 8th Cir.· 1960-04-28 ·cited 20×
  The court held that the insurance policy's terms were ambiguous regarding coverage for the insured's actions, and under Iowa law, such ambiguity must be resolved in favor of the insured.
• World Fire & Marine Ins. Co. v. Carolina Mills Distrib. Co.
  169 F.2d 826· 8th Cir.· 1948-09-17 ·cited 20×
  The court held that the insurance policy covered damage from water accidentally discharged from within the building's plumbing system, even if caused by external sewer pressure, and that the insurer's refusal to pay was not vexatious.
• Dart Indus. Co., Inc. v. Westwood Chem. Co., Inc.
  649 F.2d 646· 9th Cir.· 1980-04-02 ·cited 18×
  The court held that the district court did not abuse its discretion in quashing a subpoena duces tecum and denying discovery because the parties' general release agreement unambiguously barred Westwood from seeking discovery against Dart.
• H & M Moving, Inc. v. The United States
  499 F.2d 660· Ct. Cl.· 1974-06-19 ·cited 18×
  The court held that the Department of Commerce Appeals Board correctly applied equitable estoppel to prevent the contractor from claiming pre-May 1970 travel-time payments due to the contractor's misleading silence in billing.
• Pa. Indem. Fire Corp. v. Aldridge
  117 F.2d 774· D.C. Cir.· 1941-01-13 ·cited 18×
  The court held that the word 'theft' in an insurance policy should be interpreted according to its common meaning, favoring the insured, and can include unauthorized use of a vehicle, even if it doesn't meet the strict common-law definition of larceny.
• Newsom v. The United States
  676 F.2d 647· Ct. Cl.· 1982-04-07 ·cited 16×
  The court held that a patent ambiguity in a government contract imposes a duty on the contractor to inquire of the contracting officer before bidding.
• Mason v. The United States
  615 F.2d 1343· Ct. Cl.· 1980-02-20 ·cited 16×
  The court held that the term contracts were indefinite quantities contracts, not requirements contracts, and therefore the government's awarding of work to other contractors did not constitute a breach.
• George Hyman Constr. Co. v. The United States
  564 F.2d 939· Ct. Cl.· 1977-10-19 ·cited 16×
• United Servs. Life Ins. Co. v. Delaney
  308 F.2d 484· 5th Cir.· 1962-09-26 ·cited 16×
• Univ. OF Miami v. Lee Frank, M.D., Ph.D.
  920 So. 2d 81· Fla. 3d DCA· 2006-01-18 ·cited 15×
  The University of Miami appeals a summary judgment finding it breached its employment contract with tenured Professor Dr. Lee Frank by reducing his base salary. The court reverses, holding that Frank's guaranteed compensation under the Faculty Manual is his designated "tenured sa
• The Great Global Assurance Co. & Insbrook, Inc. v. Shoemaker
  599 So. 2d 1036· Fla. 4th DCA· 1992-05-13 ·cited 15×
  A sheriff's deputy injured by accidental gunfire from a fellow officer sued for damages, and both parties moved for summary judgment. The trial court granted summary judgment for the deputy, finding coverage under the sheriff's office's comprehensive liability insurance policy de
• Alland v. Consumers Credit Corp.
  476 F.2d 951· 2d Cir.· 1973-03-28 ·cited 15×
  The court held that the phrase "costs of suit" in the promissory notes, when construed under New York law, includes reasonable attorney's fees, and the district court erred in dismissing the claim for such fees.
• Crowder v. The Delta Air Line
  963 F.3d 1197· 11th Cir.· 2020-06-26 ·cited 14×
  The court held that an ex-spouse was not entitled to plan benefits because the automatic spousal beneficiary designation under the plan terminated upon divorce.
• Battaglia v. Peabody Coal Co. & Old Republic Ins. Co.
  690 F.2d 106· 7th Cir.· 1982-09-29 ·cited 14×
  The court held that the Black Lung Benefits Act's presumption provision is constitutional and that the claimant may be entitled to benefits due to reasonable reliance on an ambiguous agency publication.
• Sherwin Dorfman v. AETNA Life Ins. Co.
  342 So. 2d 91· Fla. 3d DCA· 1977-02-01 ·cited 14×
  An executor appeals a summary judgment dismissing the estate's counterclaim to recover over $10,000 in medical expenses under a major medical insurance policy. The appellate court reversed, holding that the policy's language 'required to pay' means 'obligated to pay,' and thus Ae
• Petrofsky v. The United States
  488 F.2d 1394· Ct. Cl.· 1973-12-19 ·cited 14×
  The court held that the loading charge was to be assessed on a gross-weight basis, but the purchase price refund for undelivered powder was to be calculated on a net-weight basis.
• Consumers ICE Co. v. The United States
  475 F.2d 1161· Ct. Cl.· 1973-03-16 ·cited 14×
  The court held that the lease, due to its ambiguous language, should be interpreted in favor of the plaintiff, terminating on June 30, 1964, or when the property was no longer needed for anti-aircraft purposes, whichever came first.
• Honeywell Inc. v. The United States
  661 F.2d 182· Ct. Cl.· 1981-09-23 ·cited 13×
  The court held that the Armed Services Board of Contract Appeals' decision disallowing rental costs was correct, as the exercised lease options constituted long-term leasing under the applicable regulation.
• United States v. Turner Constr. Co.
  819 F.2d 283· Fed. Cir.· 1987-05-22 ·cited 12×
  The court held that the government's insistence on placing air volume control transmitters in metal cabinets constituted a constructive change to the contract specifications, entitling the contractor to an equitable adjustment.
• The United States v. The Goshute Tribe OR Identifiable Grp.
  512 F.2d 1398· Ct. Cl.· 1975-03-19 ·cited 12×
  The court held that the Indian Claims Commission did not err in its valuation and taking date determination, affirming the award for the Goshute Tribe.
• Columbia Hosp. for Women & Lying-In Asylum v. United States Fid. & Guar. Co.
  188 F.2d 654· D.C. Cir.· 1951-03-15 ·cited 12×
  The dissenting judge argues that a renewal bond should be treated as a separate contract for each period, allowing recovery for losses in each period up to the bond's maximum, contrary to the majority's interpretation.
• N.Y. Life Ins. Co. v. Bennion
  158 F.2d 260· 10th Cir.· 1946-11-06 ·cited 12×
  The court should affirm the lower court's decision, construing the insurance policy's war exclusion narrowly. Ambiguous terms related to 'war' should be interpreted in favor of the insured, meaning only legally declared war is excluded.
• S. Ry. Co. v. Coca Cola Bottling Co.
  145 F.2d 304· 4th Cir.· 1944-10-06 ·cited 12×
  The court held that the indemnity agreement required the licensee to cover losses arising from the negligent location of its warehouse, even if the railway company was also negligent.