CONSOLIDATED AMERICAN INSURANCE COMPANY, INC., PETITIONER,
v.
CHARLES BUCOLO, RESPONDENT
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The court held that an insurer's notice of a coverage defense must be provided within the time limits set by section 627.426(2), Florida Statutes.
An insurer provided a policy excluding intentional acts, and the insured, a relative, committed sexual assaults. The trial court found the insurer's c…
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[*753] SHAW, Justice.
We have for review Consolidated American Insurance Co., Inc. v. Bucolo, 526 So. 2d 147 (Fla. 3d DCA 1980), based upon conflict with United States Fidelity and Guaranty Co. v. American Fire and Indemnity Co., 511 So. 2d 624 (Fla. 5th DCA 1987). We have jurisdiction. Art. V, § 3(b)(3), Fla.Const. Petitioner provided homeowners’ insurance to respondent’s mother which specifically excluded coverage for intentional acts by an insured. Respondent, who was an insured relative under the policy, was sued for committing sexual assaults during the period he lived in the home. The trial court ruled that petitioner had not timely asserted a coverage defense under section 627.-426(2), Florida Statutes (1985). The district court affirmed, citing AIU Insurance Co. v. Block Marina Investment, Inc., 512 So. 2d 1118 (Fla. 3d DCA 1987), where the court certified direct conflict with United States Fidelity and Guaranty Co. We quash the decision of the district court and remand for proceedings consistent with AIU Insurance Co. v. Block Marina Investment, Inc., 544 So. 2d 998 (Fla.1989).
It is so ordered.
EHRLICH, C.J., and OVERTON, McDonald, BARKETT, GRIMES and KOGAN, JJ., concur.
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Consol. Am. Ins. Co., Inc. v. Henderson, 559 So. 2d 662 (Fla. 3d DCA 1990)…ally excluded. On the authority of its opinion in the Block Marina case, our opinion in Consolidated Am. Ins. Co., upholding the trial court’s decision, was quashed and the cause remanded for further proceedings. Consolidated Am. Ins. Co. v. Bucolo, 543 So. 2d 752 (Fla.1989). On the basis of the supreme court decisions, Consolidated sought relief from the $750,000 judgment, pursuant to Florida [*664] Rule of Civil Procedure 1.540(b)(5).1 The trial court denied the motion on a waiver theory, holding that notw…
Authorities Cited
- AIU Ins. Co. v. Block Marina Inv., Inc., 544 So. 2d 998 (Fla. 1989)
- United States Fid. & Guar. Co. v. Am. Fire & Indem. Co., 511 So. 2d 624 (Fla. 5th DCA 1987)
- Consol. Am. Ins. Co., Inc. v. Bucolo, 526 So. 2d 147 (Fla. 3d DCA 1988)
- AIU Ins. Co. v. Block Marina Inv., Inc., 512 So. 2d 1118 (Fla. 3d DCA 1987)