Opinion
July 20, 1982. As Modified on Motion for Clarification and Rehearing Denied October 26, 1982.
Appeals from the Circuit Court for Dade County, Jack M. Turner, Judge.
Wicker, Smith, Blomqvist, Davant, Tutan, O'Hara McCoy and Richard A. Sherman, Miami, for Estate of Henry Lee Mills, et al.
McDonald McDonald and David McDonald, Miami, Ligman, Martin, Shiley McGee, Coral Gables, Jeanne Heyward, Miami, Walsh, Theissen Boyd and Mark Boyd, Fort Lauderdale, Preddy, Kutner Hardy and Stephen T. Brown, G. William Bissett, Miami, for Progressive American Ins. Co.
Before BARKDULL, DANIEL S. PEARSON and JORGENSON, JJ.
These appeals follow the return of our mandate in Cook v. Mills, 374 So.2d 599 (Fla. 3d DCA 1979). The trial court granted final summary judgment in favor of Home Indemnity Company and in favor of Summit Insurance Company of New York. We conclude the trial court erred in granting the summary judgments since a fair reading of the coverage provisions of the policies in question provided coverage to H.L. Mills Construction Company, of which Mills is undisputedly a member.
Summit Insurance Company of New York went into receivership and is represented in these proceedings by Florida Insurance Guaranty Association.
In view of our conclusion that both Home and Summit are liable, we reverse the summary judgment against Progressive American Insurance Company, the umbrella carrier. Progressive is liable only if the coverage limits of Home and Summit are exceeded. That is not the case here.
This cause is remanded for further proceedings consistent with the views expressed herein.
Reversed and remanded.
The summary judgment in favor of Stevenson Insurance Association, Inc., is affirmed.