FELTON A. BROOKS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (16 total)

• The Nat'l Union Fire Ins. Co. v. Lenox Liquors, Inc., 358 So. 2d 533 (Fla. 1977)
  …ion. Consolidated Mutual Insurance Company v. Ivy Liquors, Inc., Fla.App.1966, 185 So. 2d 187; C. A. Fielland, Inc. v. Fidelity & Cas. Co. of New York, Fla.App.1974, 297 So. 2d 122; Garden Sanctuary, Inc. v. Insurance Co. of No. Amer., Fla.App.1974, 292 So. 2d 75; St. Paul Fire & Marine Insurance Co. v. Thomas, Fla.App.1973, 273 So. 2d 117; and Bennett v. Fidelity & Casualty Company of New York, Fla.App.1961, 132 So. 2d 788. “Here, the only cause of action alleged in the Dimon’s complaint was one for intent…
• Baron OIL Co. v. Nationwide Mut. Fire Ins. Co., 470 So. 2d 810 (Fla. 1st DCA 1985)
  …393 So. 2d 552 (Fla. 1st DCA 1980); Tropical Park, Inc. v. United States Fidelity & Guaranty Co., 357 So. 2d 253 (Fla. 3d DCA 1978); Stevens v. Horne, 325 So. 2d 459 (Fla. 4th DCA 1976); Garden Sanctuary, Inc. v. Insurance Company of North America, 292 So. 2d 75 (Fla. 2d DCA 1974). Hence, the duty to defend continues even though it is ultimately determined that the alleged cause of action is groundless and no liability is found within the policy provisions defining coverage. New Amsterdam Casualty Co. v. Kn…

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• Fed. Ins. Co. v. Allan H. Applestein & the Allan H. Applestein Found. Tr. & Robert Mackin, 377 So. 2d 229 (Fla. 3d DCA 1979)
  …ing the contrary allegations of the fourth amended complaint,4 embodies a logical and legal impossibility. Since “the insurer’s duty to defend is more extensive than its duty to pay, [e. s.]” Garden Sanctuary, Inc. v. Insurance Co. of North America, 292 So. 2d 75, 77 (Fla. 2d DCA 1974), there are many instances in which a company required to defend is not required to indemnify because the actual facts, as opposed to the complaint, show the non-existence of coverage. E. g., Stevens v. Home, 325 So. 2d 459 (Fl…

Authorities Cited

• State v. Wright, 265 So. 2d 361 (Fla. 1972)
• Arrington v. State, 233 So. 2d 634 (Fla. 1970)
• Henninger v. State, 251 So. 2d 862 (Fla. 1971)