RUPERT EUBANK, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (22 total)

• Jones v. Fla. Ins. Guar. Ass'n, Inc., 908 So. 2d 435 (Fla. 2005)
  …o. 2d at 814. Indeed, “[w]hen the actual facts are inconsistent with the allegations in the complaint, the allegations in the complaint control in determining the insurer’s duty to defend.” Baron Oil, 470 So. 2d at 814; see Marr Invs. Inc. v. Greco, 621 So. 2d 447, 449 (Fla. 4th DCA 1993); Irvine v. Prudential Prop. & Cas. Ins. Co., 630 So. 2d 579, 579-80 (Fla. 3d DCA 1993) (“The duty is determined solely by the allegations against the insured, not by the actual facts, nor the insured’s version of the facts.”…
• Higgins v. State Farm Fire & Cas. Co., 894 So. 2d 5 (Fla. 2004)
  …insurer’s declaratory action seeking a determination of its duty to 'indemnify should have been deferred until the insured’s liability was determined. See Home Ins. Co. v. Gephart, 639 So. 2d 179 (Fla. 4th DCA 1994); Marr Investments, Inc. v. Greco, 621 So. 2d 447 (Fla. 4th DCA 1993). However, the district court chose to partially recede from those prior decisions and adopt what it considered the “better procedural approach” adopted by the Fifth District in Conde, which held that an insurer could properly bri…
• Earnest Hagen and Jerry M. Richardson v. AETNA Cas. & Sur. Co., 675 So. 2d 963 (Fla. 5th DCA 1996)
  …Aetna contends that Hagen and Richardson did just that by couching the second amended complaint in such a manner that it hides the fact that an automobile was involved in the accident.4 Additionally, Aet-na cites dicta in Marr Investments v. Checo, 621 So. 2d 447 (Fla. 4th DCA 1993) in which the court stated, “It is wrong to require the insurance company to defend against facts that are clearly not within the coverage policy, even though the Complaint’ may be.” Id. at 449. While Aetna’s argument seems persu…