SUNSHINE STATE FAIR, INC., A FLORIDA CORPORATION, APPELLANT,

v.

NICHOLAS R. JENIN, APPELLEE

Citator

Cited By (34 total)

• Metro. Dade Cnty. v. Martinsen, 736 So. 2d 794 (Fla. 3d DCA 1999)
  …isconduct in the prosecution or defense of a civil proceeding should not be permitted to continue to employ the very institution it has subverted to achieve her ends.” Hanono v. Murphy, 723 So. 2d 892, 895 (Fla. 3d DCA 1998)(citing Carter v. Carter, 88 So. 2d 153, 157 (Fla.1956); Ashwood v. Patterson, 49 So. 2d 848, 850 (Fla.1951); Cox v. Burke, 706 So. 2d 43, 47 (Fla. 5th DCA 1998); Figgie Int’l, Inc. v. Alderman, 698 So. 2d 563 (Fla. 3d DCA 1997), review dismissed, 703 So. 2d 476 (Fla.1997); Mendez v. Blan…
• Hanono v. Murphy, 723 So. 2d 892 (Fla. 3d DCA 1998)
  …rced the principle that a party who has been guilty of fraud or misconduct in the prosecution or defense of a civil proceeding should not be permitted to continue to employ the very institution it has subverted to achieve her ends. Carter v. Carter, 88 So. 2d 153, 157 (Fla.1956)(“It is offensive to our sense of right that a wrongdoer be allowed to exploit his wrongs to the injury of another and to the profit of himself.”); Ashwood v. Patterson, 49 So. 2d 848, 850 (Fla.1951)(stat-ing “fundamental equitable pr…
• Everglades Marina, Inc. v. Am. E. Dev. Corp., 374 So. 2d 517 (Fla. 1979)
  …e recognize the long-established law of this state that an insurer is not liable to indemnify the insured for losses directly incurred by the fraud or misconduct of that insured. Schultz v. Pacific Insurance Co., 14 Fla. 73 (1872); Carter v. Carter, 88 So. 2d 153 (Fla.1956). This public policy precludes recovery under an insurance policy when the insured has committed a criminal act with known and necessary consequences. We reject, however, the request to extend that public policy doctrine to third-party ben…

Authorities Cited

• Clements v. Leonard, 70 So. 2d 840 (Fla. 1954)