629 So. 2d 291 | Fla. Dist. Ct. App. | 1993
Underwriters at Lloyds, London, appeal a summary final judgment. We reverse.
Lloyds issued an open cargo policy of insurance to appellee VIP Distributors, Inc., which is in the business of importing and distributing goods. VIP contends that, in 1990, it shipped approximately $300,000 worth of perfume products by Ladeco Airlines to Miami, Florida. The morning following the arrival of the Ladeco flight, the perfume products could not be located among the cargo unloaded from the Ladeco airplane. VIP made an insurance claim with Lloyds, which denied coverage.
We conclude that, as the record now stands, summary judgment should not have been entered. Accordingly, we reverse the summary final judgment and remand the cause for further proceedings. At argument, the insured suggested that the advisory and air bill do, in fact, exist, but have not yet been located by the United States Customs Service. Nothing we say here precludes the submission of another motion for summary judgment on a more fully developed record. As matters now stand, however, the insured has not carried its burden of demonstrating the nonexistence of a disputed issue of material fact.
Reversed and remanded for further proceedings consistent herewith.
. VIP also made a claim against Ladeco. Lade-co entered into a settlement with VIP, which covered part of the claimed loss.