JOSE M. SANCHEZ, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Wendy's OF N.E. Fla., Inc. v. Vandergriff, 865 So. 2d 520 (Fla. 1st DCA 2003)
  …urance Company (“Essex”). Wendy’s contends that the trial court reversibly erred because: 1) Essex’s motion for attorney’s fees and costs was untimely; 2) the trial court erroneously applied Colony Insurance Company v. G & E Tires and Service, Inc., 777 So. 2d 1034 (Fla. 1st DCA 2000), to this case; and 3) disputed issues of material fact precluded attorney’s fees under section 57.105, Florida Statutes (2001). We affirm without comment the [*522] trial court’s ruling that Essex’s motion was timely, but we reve…
• E. Fla. Hauling, Inc. v. Lexington Ins. Co., 913 So. 2d 673 (Fla. 3d DCA 2005)
  …refuse to defend EFH, Lexington will have to pay for any loss covered under the policy when liability is determined, because the duty to defend is separate from the coverage provisions of the policy. See Colony Ins. Co. v. G & E Tires & Serv., Inc., 777 So. 2d 1034, 1036 (Fla. 1st DCA 2000). Similarly, the Carman court concluded that the “Privilege to Adjust with Owner” provision at issue in that case, which contained the same language as the provision in the instant case, “clearly and unambiguously gives [th…
• Ahern v. Odyssey RE (London) Ltd., 788 So. 2d 369 (Fla. 4th DCA 2001)
  …ssue in this appeal as neither party challenges the trial judge’s finding that the allegations of the complaint were sufficient to give rise to a duty to defend the insured against the claims. See, e.g., Colony Ins. Co. v. G & E Tires & Serv., Inc., 777 So. 2d 1034, 1037 (Fla. 1st DCA 2000)(stating that insurer’s duty to defend its insured against third-party claims is determined by the allegations of the complaint). Having said that, we next turn to the “coverage” requirement. The trial court’s order clearly…

Authorities Cited

• Heggs v. State, 759 So. 2d 620 (Fla. 2000)
• Pagliaro v. Penske Auto Ctrs., Inc., 773 So. 2d 1174 (Fla. 2d DCA 2000)