Cecilia S. Pino, et al. v. Hudson Excess Insurance Company, et al.
The Third District affirmed a judgment on the pleadings for the insurer in a coverage dispute, issuing a citation opinion anchored to the settled rules governing policy construction. The court reiterated that a policy is read as a whole with full meaning given to every provision, that unambiguous language is enforced as written, and that 'an insured' and 'the insured' carry distinct meanings — 'an' meaning any insured and 'the' meaning a specific insured.
Key facts
- Cecilia S. Pino and other appellants sued Hudson Excess Insurance Company and additional appellees in the Circuit Court for Miami-Dade County over a disputed insurance coverage question.
- The trial court (Judge Vivianne del Rio) resolved the dispute on a motion for judgment on the pleadings in the insurer's favor.
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Holdings
- A motion for judgment on the pleadings may be granted only if the moving party is clearly entitled to judgment as a matter of law.
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Why it matters
Although issued as a citation opinion, this decision is a useful current authority for coverage counsel on two recurring points. First, it confirms the Third District's continued adherence to the 'an insured' versus… — full analysis with a trial
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