UNITED NATIONAL INSURANCE COMPANY, ETC., APPELLANT,
v.
I & JC CORP., APPELLEE
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Florida appellate court reversed summary judgment finding insurer had duty to defend, holding that a genuine issue of material fact existed regarding applicability of a policy exclusion that precluded summary judgment.
When a factual issue exists regarding the applicability of a policy exclusion, summary judgment on the insurer's duty to defend is improper.
[1] When an insurer's claim of no duty to defend depends on factual issues not normally alleged in the underlying complaint, a court may entertain a declaratory action to det…
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Join FLexlaw to unlock all legal intelligenceUnited National Insurance Company appealed from a final declaratory judgment finding it had a duty to indemnify and defend I & JC Corporation in an un…
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PER CURIAM.
United National Insurance Company (“United”) appeals from an Order entering Final Declaratory Judgment finding that United has a duty to indemnify and defend I & JC Corporation (I & JC), the insured, in an underlying suit wherein I & JC is the defendant.
When granting a motion for summary judgment, the trial court must determine that no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126, 130 (Fla.2000). In the instant case, an issue of fact exists regarding the applicability of a policy exclusion. Higgins v. State Farm Fire & Cas. Co., 894 So. 2d 5, 10 (Fla.2005) (A liability insur-er’s obligation to defend a claim against its insured must be determined from the allegations in the underlying complaint, except that where an insurer’s claim that there is no duty to.defend is based on factual issues that would not normally be alleged in the underlying Complaint, courts may entertain a declaratory action seeking a determination of a factual issue upon which the insurer’s duty to defend depends); Puritan Ins. Co. v. Frank, 436 So. 2d 1140 (Fla. 3d DCA 1983).
Accordingly, we reverse the Final Declaratory Judgment and remand for further proceedings solely as to the issue regarding the applicability of the policy exclusion.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Volusia Cnty. v. Aberdeen AT Ormond Beach, L.P., 760 So. 2d 126 (Fla. 2000)
- Higgins v. State Farm Fire & Cas. Co., 894 So. 2d 5 (Fla. 2004)
- Puritan Ins. Co. v. Frank, 436 So. 2d 1140 (Fla. 3d DCA 1983)