TRI STATES FOODS, INC. A FLORIDA CORPORATION D/B/A WESTMORELAND IGA DISCOUNTER AND COTTON STATES MUTUAL INSURANCE COMPANY, APPELLANTS,

v.

ROBERT P. MATTHEWS AND EDNA L. MATTHEWS, HIS WIFE, APPELLEES

Citator

Cited By

• Am. Home Assurance Co. v. City OF OPA Locka, 368 So. 2d 416 (Fla. 3d DCA 1979)
  …was rather based upon the city’s and Travelers’ indemnity and subrogated rights against American, as the insurer for LeMeur. The plaintiffs’ fees are therefore not recoverable under Section 627.428(1). Arkwright-Boston Mfrs. Mut. Ins. Co. v. Dunkel, 363 So. 2d 190, 194 (Fla. 3d DCA 1978); see Smith v. Conlon, 355 So. 2d 859 (Fla. 3d DCA 1978); Central Mutual Ins. Co. v. Michigan Mutual Liability Co., 285 So. 2d 684 (Fla. 3d DCA 1973). Furthermore, although Opa Locka was a nominal party plaintiff, the judgmen…
• Zordan v. Gerald "Bud" Page, 500 So. 2d 608 (Fla. 2d DCA 1986)
  …CA 1974); Cloud v. Shelby Mutual Insurance Co., 248 So. 2d 217 (Fla. 3d DCA 1971). This is the majority rule. Allstate Insurance Co. v. Steinemer, 723 F. 2d 873, 875 (11th Cir.1984). Cf. Arkwright-Boston Manufacturers Mutual Insurance Co. v. Dunkel, 363 So. 2d 190 (Fla. 3d DCA 1978), and George v. Stone, 260 So. 2d 259 (Fla. 4th DCA 1972) (a tort-feasor’s insanity at the time he inflicted injury may preclude application of a liability insurance policy provision excluding an intentionally caused injury). At t…
• Northland Ins. Co. v. Mautino, 433 So. 2d 1225 (Fla. 3d DCA 1983)
  …ted intentionally, is equally unavailing. An insane person cannot be deemed to have acted intentionally for purposes of an intentional tort exclusion clause in an indemnification policy. Arkwright-Boston Manufacturers Mutual Insurance Co. v. Dunkel, 363 So. 2d 190 (Fla. 3d DCA 1978); George v. Stone, 260 So. 2d 259 (Fla. 4th DCA 1972). Northland’s suggestion that Streetzel’s insanity was triggered by his voluntary ingestion of drugs or alcohol is belied by the record. The psychiatric testimony was clear and u…