LANDMARK AMERICAN INSURANCE COMPANY, Appellant, v. PIN-PON CORPORATION and LEXINGTON INSURANCE COMPANY, Appellees., 155 So. 3d 432

Summary

HOLDINGS: [1]-A trial court properly interpreted a primary insurance policy and permitted an insured to allocate the entire insurance proceeds from a primary policy to a business income award, thereby allowing the insured to maximize recovery under an excess policy, because the primary policy, construed as a whole, was a blanket policy with a $ 2.5 million per occurrence and no sublimits, § 627.419(1) Fla. Stat. (2004); [2]-The trial court's error in admitting the insured's "Exhibit 98," regarding code upgrade damages, under the business records exception, § 90.803(6)(a), Fla. Stat. (2011), was not harmless because the architect, through whose testimony the insured sought to admit the exhibit, could not testify to, inter alia, when 25 of the 26 documents encompassing the exhibit were made.