Plain Language Rule Of Contract Interpretation

22 Florida cases classified under this topic · sorted by citation count · browse and sort

• Siegle v. Progressive Consumers Ins. Co.
  819 So. 2d 732· Fla.· 2002-05-23 ·cited 159×
  The Florida Supreme Court held that an automobile collision insurance policy providing for repair or replacement of damaged vehicles "with other of like kind and quality" does not obligate the insurer to compensate the insured for diminution in market value ("inherent diminished
• Sears v. Teamsters Local Union NO. 243
  683 F.2d 154· 6th Cir.· 1982-07-16 ·cited 28×
  An arbitrator exceeds their authority by inferring limitations on subcontracting beyond those explicitly stated in a clear and unambiguous collective bargaining agreement.
• Georgia-Pacific Corp. v. Local 27
  864 F.2d 940· 1st Cir.· 1988-12-30 ·cited 22×
  An arbitrator exceeds their authority when they ignore the plain language of a collective bargaining agreement, such as provisions allowing immediate discharge for dishonesty, by substituting their own judgment or 'industrial justice'.
• Bryant H. Walker and Lorry Jo Walker v. State Farm Fire & Cas. Co.
  758 So. 2d 1161· Fla. 4th DCA· 2000-04-19 ·cited 14×
  Homeowners appealed a trial court's dismissal of their breach of contract claim against State Farm for stolen rare coins, arguing the policy's $200 special limitation on "coins" was ambiguous and did not apply to collectible coins. The appellate court affirmed, holding that the p
• Buono Sales, Inc. v. Chrysler Motors Corp.
  363 F.2d 43· 3d Cir.· 1966-07-14 ·cited 8×
  Chrysler breached its dealer agreement by discontinuing DeSoto production without contractual cause and engaged in tortious interference by soliciting DeSoto customers post-discontinuance.
• Imperial Cas. & Indem. Co. v. Morris and Gertrude Relder
  308 F.2d 761· 8th Cir.· 1962-10-10 ·cited 7×
  An automobile liability insurance policy providing for automatic coverage of after-acquired vehicles is construed to cover such vehicles even if not immediately reported, as long as notice is given within the policy period.
• Penzer v. Transp. Ins.
  509 F. Supp. 2d 1278· S.D. Fla.· 2007-07-16 ·cited 5×
  Under Florida law, the transmission of unsolicited commercial advertisements by facsimile does not constitute an "oral or written publication of material that violates a person’s right to privacy" under a commercial liability policy's advertising injury provision, as the policy r
• Risco USA Corp. & Travelers Indem. Co. of Ct. v. Alexander
  91 So. 3d 870· Fla. 1st DCA· 2012-05-15 ·cited 4×
  In this workers' compensation appeal, the court reversed the Judge of Compensation Claims' decision that a claimant had not settled his workers' compensation claim. The court held that when a represented claimant signs a broad separation agreement releasing all claims arising fro
• Se. Med. Prods., Inc. v. Williams
  718 So. 2d 306· Fla. 2d DCA· 1998-09-11 ·cited 4×
  The court held that a former employee's alleged breach of a non-compete covenant was properly dismissed because the covenant had expired according to the plain language of an addendum to the employment agreement.
• Nw. Airlines, Inc. v. Int'l Ass'n OF MacHinists & Aerospace Workers
  894 F.2d 998· 8th Cir.· 1990-01-29 ·cited 4×
  The court held that an arbitration award must be vacated if it disregards the plain language of an unambiguous settlement agreement, as the arbitrator exceeds their authority in such cases.
• Morrison v. Morrison
  247 So. 3d 604· Fla. 2d DCA· 2018-05-11 ·cited 3×
  When a marital settlement agreement contains a latent ambiguity regarding the meaning of "inheritance funds received," the court must apply contract interpretation principles and consider parol evidence of the parties' intent, not statutory construction principles used to interpr
• Jacksonville v. Nat'l Ben Franklin Fire Ins. Co.
  S.D. Fla.· 1924-10-09 ·cited 3×
  An insurance company refused to pay a fire loss claim based on alleged violations of policy conditions, including failure to maintain required books and keeping fireworks on the premises. The court held that the insurer was not estopped from asserting these defenses merely becaus
• Trout v. Apicella
  79 So. 3d 947· Fla. 5th DCA· 2012-02-24 ·cited 2×
  The court held that under the plain language of the insurance policy, a trailer is considered an uninsured auto for the purpose of uninsured motorist coverage when it is not listed on the policy's declarations, even if attached to an insured vehicle.
• Schneider v. Cont'l Cas. Co.
  989 F.2d 728· 4th Cir.· 1993-03-26 ·cited 2×
  The court held that the asbestos exclusion in the insurance policy clearly disclaimed coverage for claims arising out of the failure to detect or advise of the existence of asbestos, and the district court erred by considering extrinsic evidence to interpret the unambiguous contr
• Auto-Owners (Mutual) Ins. Co. v. L.P. Cavett Co. & L.P. Cavett Co. of Ind., Inc.
  882 F.2d 1111· 7th Cir.· 1989-08-15 ·cited 2×
  The court held that L.P. Cavett Company qualified as an "insured" under the insurance policies and that the worker's compensation and employee exclusion provisions did not relieve the insurer of its duty to defend or indemnify Cavett.
• O'Neil v. Glens Falls Indem. Co.
  310 F.2d 165· 8th Cir.· 1962-11-15 ·cited 2×
  The court held that the malpractice liability insurance policy did not provide coverage for damages arising from the professional conduct of the insured's assistant when the assistant was treating a patient not personally attended by the insured, even if acting under general inst
• IMC Prop. Mgmt. & Maint., Inc. v. Westchester Surplus Lines Ins. Co.
  Fla. 3d DCA· 2025-02-19
  An insurance policy provision covering business interruption losses from government shutdown orders issued "due to" a threat of hazardous conditions at "the premises of the Insured" requires the shutdown order to specifically target the insured's premises, not apply generally acr
• Herrington v. Certain Underwriters at Lloyd's London
  Fla. 4th DCA· 2022-06-29
  This case concerns whether a "water damage aggregate limitation" endorsement in a homeowner's insurance policy capped the coverage for "tear out" expenses incurred to repair a water pipe leak. The court held that the endorsement applied to all losses arising out of water damage,
• Herrington v. Certain Underwriters at Lloyd's London
  Fla. 4th DCA· 2022-06-29
  A homeowner appeals summary judgment in favor of his insurer that a water damage aggregate limitation endorsement capped his coverage at $5,000, including tear-out expenses. The insured argued the limitation did not extend to tear-out costs incurred to repair the system from whic
• Fauzia Parbeen v. Bari
  Fla. 4th DCA· 2022-03-16
  The appellate court reversed a trial court's decision that an Islamic prenuptial agreement (Mahr) limited a wife's recovery in a divorce to the amount specified in the agreement. The court held that Florida law, which presumes equitable distribution, applies to the secular terms
• Eckols v. 21ST Century Centennial Ins. Co.
  260 So. 3d 1123· Fla. 5th DCA· 2018-12-07
  An insurance policy exclusion denying UM coverage for injuries sustained while occupying an owned vehicle not covered under the policy is ambiguous when the policy's own definitions of "auto" and "owned" could reasonably be construed to exclude motorcycles from the exclusion's ap
• Doty v. Bryson
  154 So. 3d 457· Fla. 5th DCA· 2015-01-02
  Doty appealed a summary judgment in favor of Bryson on a breach of promissory note claim. The court reversed, finding that the plain language of Promissory Note C was unambiguous and did not provide for its extinguishment upon stock transfer, contrary to the trial court's determi
• ST. Louis Bank FOR Sav., FSB v. Am. Cas. Co. OF Reading
  927 F.2d 1042· 8th Cir.· 1991-03-11
  The court held that Endorsement 21 of the insurance policy, which excluded claims related to the bank's investments in joint ventures or limited partnerships, was valid and enforceable.