PATRICK LOZITO AND OCEAN CONSULTANTS, INC., APPELLANTS,

v.

PROFESSIONAL SAVINGS BANK, APPELLEE

Citator

Cited By (15 total)

• Fran McCREARY and Cain McCreary v. Fla. Residential Prop. & Cas. Joint Underwriting Ass'n, 758 So. 2d 692 (Fla. 4th DCA 1998)
  …n insured if the complaint upon its face alleges a state of facts that fails to bring the case within the coverage of the policy.” Marr Invs., Inc. v. Greco, 621 So. 2d 447, 449 (Fla. 4th DCA 1993) (quoting Reliance Ins. Co. v. Royal Motorcar Corp., 534 So. 2d 922, 923 (Fla. 4th DCA 1988)); Liberty Mut. Ins. Co. v. Lone Star Indus., Inc., 661 So. 2d 1218, 1220 (Fla. 3d DCA 1995). The appellee distinguishes between an occurrence which renders one unsafe and insecure in the use and enjoyment of his property an…
• State Farm Fire & Cas. Co. v. Compupay, Inc., 654 So. 2d 944 (Fla. 3d DCA 1995)
  …insured’s version of the facts or the insured’s defenses. There is no obligation on an insurer to defend an action against its insured when the pleading in question shows the applicability of a policy exclusion.” Reliance Ins. Co. v. Royal Motorcar, 534 So. 2d 922, 923 (Fla. 4th DCA 1988) (citations omitted), review denied, 544 So. 2d 200 (Fla.1989). If the facts alleged show any basis for liability [*946] falling within policy coverage, the insurer must defend the suit. Baron Oil Co. v. Nationwide Mut. Fire…
• Irvine v. Prudential Prop. & Cas. Ins. Co., 630 So. 2d 579 (Fla. 3d DCA 1993)
  …Fire Ins. Co. v. Lenox Liquors, Inc., 358 So. 2d 533 (Fla.1977). The duty is determined solely by the allegations against the insured, not by the actual facts, nor the insured’s version of [*580] the facts. Reliance Ins. Co. v. Royal Motorcar Corp., 534 So. 2d 922, 923 (Fla. 4th DCA 1988), review denied, 544 So. 2d 200 (Fla.1989). It is equally well settled that the duty to defend is broader than, and distinct from, its duty to indemnify. Florida Ins. Guaranty Ass’n v. Giordano, 485 So. 2d 453, 456 (Fla. 3d D…

Authorities Cited

• Schwartz v. Cap. City First Nat'l Bank, 365 So. 2d 181 (Fla. 1st DCA 1978)
• Coral Contractors, Inc. v. The Honorable Maurice Paul, 387 So. 2d 554 (Fla. 5th DCA 1980)