WILLIE LEE JACKSON, A MINOR, BY AND THROUGH HIS FATHER AND NEXT FRIEND, MONROE JACKSON, AND MONROE JACKSON, INDIVIDUALLY, APPELLANTS,
v.
JOSEPH COLIN ROLLING ET AL., APPELLEES
WILLIE LEE JACKSON, A MINOR, BY AND THROUGH HIS FATHER AND NEXT FRIEND, MONROE JACKSON, AND MONROE JACKSON, INDIVIDUALLY, APPELLANTS,
JOSEPH COLIN ROLLING ET AL., APPELLEES
298 So. 2d 177
Florida District Court of Appeal, First District (1974)
Positive Treatment
Cited by 40 cases
Opinion of the Court
PER CURIAM.
Reversed. See Fitzsimmons v. City of Pensacola, Fla.App. 1st, 297 So. 2d 107 Opinion filed June 20, 1974.
RAWLS, C. J., and JOHNSON and McCORD, JJ., concur.
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Prudential Prop. & Cas. Ins. Co. v. Swindal, 622 So. 2d 467 (Fla. 1993)…ations under a liability policy containing such an exclusion unless the insured has acted with such specific intent.” Id. at 218 (quoting 44 Am.Jur.2d Insurance § 1411 at 259). Nash and Cloud were later followed in Phoenix Insurance Co. v. Helton, 298 So. 2d 177 (Fla. 1st DCA 1974), cert. discharged, 330 So. 2d 724 (Fla.1976). There, the insured drove his car to the edge of a crowd in an apparent attempt to extricate his wife from a melee at the center of the crowd. In the course of driving the car, the ins…
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Roberts v. Carter, 350 So. 2d 78 (Fla. 1977)…elers Insurance Co., 258 So. 2d 35 (Fla. 3d DCA), cert. denied, 263 So. 2d 829 (Fla. 1972), was misplaced. The rationale of Queen, in any event, has been rejected by our decisions in Wilder and Daleo, as was noted in Phoenix Insurance Co. v. Helton, 298 So. 2d 177 (Fla. 1st DCA 1974), cert. discharged, 330 So. 2d 724 (Fla. 1976). To eliminate any remaining confusion, we now reaffirm Wilder and hold that an award of attorney’s fees under Section 627.428(1) is available only to the contracting insured,6 the in…
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Grissom v. Commercial Union Ins. Co., 610 So. 2d 1299 (Fla. 1st DCA 1992)…rrel, Grange Mutual Casualty Co. v. Thomas, 301 So. 2d 158 (Fla. 2d D.C.A.1974); or unintentionally hits a person in a crowd of people with a car while slowly driving into the edge of the crowd intending to disperse them, Phoenix Ins. Co. v. Helton, 298 So. 2d 177 (Fla. 1st D.C.A.1974), or unintentionally injures a person in a car while unintentionally pushing the car which was blocking a driveway, Cloud v. Shelby Mutual Insurance Co., 248 So. 2d 217 (Fla. 3d D.C.A.1971). Running through all of these cases is…
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- Fitzsimmons v. City OF Pensacola, 297 So. 2d 107 (Fla. 1st DCA 1974)