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Miller Yacht Sales v. Mission Marine

District Court of Appeal of Florida, Fourth District
Jul 25, 1984
453 So. 2d 202 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-1109.

July 25, 1984.

Appeal from the Circuit Court, Broward County, Miette K. Burnstein, J.

Lise S. Armater of Weaver, Weaver Lardin, P.A., Fort Lauderdale, for appellant.

Richard A. Sherman of Law Offices of Richard A. Sherman, Fort Lauderdale, for appellee Commercial Union Assur. Co.

James C. Blecke of Blackwell, Walker, Gray, Powers, Flick Hoehl, Miami, for appellees Drake Ins. Co. of New York and Caryl, Anthony, Vaghn Gibbs.


Affirmed. We find no error in the trial court's entry of summary judgment on the basis that the appellant's claim for property damage against a boat manufacturer insured by appellee insurers was excluded from coverage by a specific exclusion in the insurance policies. The exclusion provided that no coverage was extended to property damage to the named insured's products arising in any way out of the products themselves. We find no dispute in the record here that the claim was for property damage to a boat manufactured by the insured manufacturer and that the damage arose out of such product. Cf. LaMarche v. Shelby Mutual Insurance Co., 390 So.2d 325 (Fla. 1980). We reject appellant's contention that its claims, predicated on the manufacturer's alleged failure to install a fire safety system or to warn of the lack thereof, fell outside of the exclusion.

ANSTEAD, C.J., DOWNEY, J., and RODGERS, EDWARD, Associate Judge, concur.


Summaries of

Miller Yacht Sales v. Mission Marine

District Court of Appeal of Florida, Fourth District
Jul 25, 1984
453 So. 2d 202 (Fla. Dist. Ct. App. 1984)
Case details for

Miller Yacht Sales v. Mission Marine

Case Details

Full title:MILLER YACHT SALES, INC., F/U/B/O AETNA INSURANCE COMPANY, APPELLANT, v…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 25, 1984

Citations

453 So. 2d 202 (Fla. Dist. Ct. App. 1984)