SOUTHWEST FLORIDA REGIONAL MEDICAL CENTER, INC., APPELLANT,

v.

STATE OF FLORIDA, DEPARTMENT OF FINANCIAL SERVICES AND AMERISURE MUTUAL INSURANCE COMPANY, APPELLEES

Citator

Cited By

• Scullock v. Hillsborough Cnty. Sheriff David GEE, 161 So. 3d 421 (Fla. 2d DCA 2014)
  …n based on three grounds asserted in the Sheriffs motion to dismiss. The first of these was the expiration of the statute of limitations. An excessive-use-of-force claim is properly considered a battery. See Essex Ins. Co. v. Big Top of Tampa, Inc., 53 So. 3d 1220, 1223 (Fla. 2d DCA 2011). As such, it is subject to a four-year statute of limitations. See § 95.11(3)(o), Fla. Stat. (2010). Scullock’s cause of action accrued at the time of his alleged injury, on May 16, 2007, and the statute of limitations expir…
• S. Owners Ins. Co. v. Cooperativa de Seguros Multiples, 143 So. 3d 439 (Fla. 5th DCA 2014)
  …child was injured as a result of a dangerous condition on the premises. When deciding whether an insurer has a duty to defend, the allegations of the underlying complaint determine whether that duty exists. Essex Ins. Co. v. Big Top of Tampa, Inc., 53 So. 3d 1220, 1223 (Fla. 2d DCA 2011). A liability insurer has no duty to defend a suit where the complaint on its face alleges facts that fail to bring the case within the coverage of the policy. Id. If there is no duty to defend, there is no duty to indemnify.…

Authorities Cited

• Friends OF Perdido BAY, Inc. v. Fla. Dep't of Env't Prot., 44 So. 3d 650 (Fla. 1st DCA 2010)