1 Fla. L. Weekly Supp. 290a
Insurance — Insured city’s revocation of building permit was not an “occurrence” within definition and provisions of policy at issue — Claims reasonably expected as result of town’s actions not covered
THE TOWN OF LONGBOAT KEY FLORIDA, a municipal corporation, Plaintiff, vs. UNDERWRITERS AT LLOYD’S LONDON, CNA REINSURANCE OF LONDON, LTD, MARYLAND CASUALTY COMPANY, and INTERNATIONAL SURPLUS LINES INSURANCE COMPANY, an Illinois corporation, Defendants. 12th Judicial Circuit in and for Sarasota County. Case No. 92-0373-CA-01. March 12, 1993. Andrew D. Owens, Jr., Judge.
FINAL SUMMARY JUDGMENT FOR DEFENDANT, INTERNATIONAL SURPLUS LINES INSURANCE COMPANY
This cause came on to be heard on Friday, February 26, 1993 on the Motion For Summary Judgment of the Defendant International Surplus Lines Insurance Company, and on the Motion For Final Summary Judgment Of Defendant Underwriters. The Court having considered the record, having heard the argument and reviewed the Memorandums of counsel, and being otherwise fully advised in the premises, the Court does hereby hold and find, and declares the rights and obligations of the parties, as follows:
1. There is no genuine issue of material fact concerning the insurance coverage issues in this case.
2. The Reserve, Ltd. complained in the underlying case that the Town revoked its building permit. Revocation of the building permit is not an “occurrence” within the policy definitions and provisions.
3. The damages sought by The Reserve, Ltd. in its claims in the underlying case against the Town of Longboat Key were reasonably expected as a result of the claimed actions of the Town. Therefore, there was no “occurrence” under the policy definitions and provisions.
4. It is accordingly ORDERED, ADJUDGED AND DECLARED that International Surplus Lines Insurance Company is entitled to the entry of judgment in its favor in this case as a matter of law and that the plaintiff shall take nothing from said defendant in this action. Defendant International Surplus Lines Insurance Company shall go hence without day.
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