WEST BUILDING MATERIALS, INC., APPELLANT,
v.
ALLSTATE INSURANCE COMPANY ET AL., APPELLEES
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SMITH, Judge.
An appeal from a summary judgment for defendant Allstate on appellant’s claim under a policy insuring the Arrant family against liability for property damage caused by “accident.” The policy excluded coverage for damage “which is either expected or intended” by the insured. Young Keith Arrant allegedly set off a smoke bomb in appellant’s building. The building burned. The trial court held as a matter of law that the fire was not an accident and rejected the possibility that Keith intended to cause smoke, not fire. We affirm. Hardware Mutual Cas. Co. v. Gerrits, 65 So. 2d 69 (Fla.1953). Ignition of the bomb was the natural, probable, and intended result of Keith’s act. Braley v. American Home Assur. Co., 354 So. 2d 904 (Fla.2d DCA 1978) does not suggest that ignition of the building was an unusual or unexpected result of igniting the bomb.
AFFIRMED.
MILLS, Acting C. J., and ERVIN, J., concur.
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Grissom v. Commercial Union Ins. Co., 610 So. 2d 1299 (Fla. 1st DCA 1992)…liminate the idea of the ‘unexpected,’ which we think is an important element in a legal definition of the term ‘accident.’ ” Id. at 792. No such intentional injury was alleged against Grissom. In West Building Materials, Inc. v. Allstate Ins. Co., 363 So. 2d 398 (Fla. 1st DCA1978), this court held that the insured’s act of intentionally setting off a smoke bomb in a building and causing it to burn was within the policy exclusion of coverage for damage that is expected or intended by the insured. The court r…
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Hal Gentry and Michael B. Swindle v. Mattair, 424 So. 2d 925 (Fla. 1st DCA 1982)…PER CURIAM. Affirmed. West Building Materials, Inc. v. Allstate Insurance Co., 363 So. 2d 398 (Fla. 1st DCA 1978). McCORD and BOOTH, JJ., concur. WENTWORTH, J., dissents.…
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Ludwig Nicholas Ladas, III v. AETNA Ins. Co. & Ernest Carl Moczik, 416 So. 2d 21 (Fla. 3d DCA 1982)…stein, supra; Darragh v. Brock, 366 So. 2d 801 (Fla. 1st DCA 1979); see also Draffen v. Allstate Insurance Co., 407 So. 2d 1063 (Fla. 2d DCA 1981); Continental Casualty Co. v. Schaubel, supra; West Building Materials, Inc. v. Allstate Insurance Co., 363 So. 2d 398 (Fla. 1st DCA 1978); Grange Mutual Casualty Co. v. Thomas, 301 So. 2d 158 (Fla. 2d DCA 1974). Ladas’ reliance on Hartford Fire Insurance Co. v. Spreen, 343 So. 2d 649 (Fla. 3d DCA 1977), as support for his claim is clearly misplaced. The St. Paul po…
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- Hardware Mut. Cas. Co. v. Gerrits, 65 So. 2d 69 (Fla. 1953)
- Braley v. Am. Home Assurance Co., 354 So. 2d 904 (Fla. 2d DCA 1978)