Andrews v. Capacity Insurance Co.

District Court of Appeal of Florida

Andrews v. Capacity Insurance Co.

687 So. 2d 366, 1997 Fla. App. LEXIS 994, 1997 WL 55697

CourtDistrict Court of Appeal of Florida

DecidedFebruary 12, 1997

DocketNo. 96-0249

StatusPublished

Cited by1 cases

This text of 687 So. 2d 366 (Andrews v. Capacity Insurance Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Andrews v. Capacity Insurance Co., 687 So. 2d 366, 1997 Fla. App. LEXIS 994, 1997 WL 55697 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

Affirmed. Appellant, the injured party, appeals a judgment on the pleadings in favor of Capacity Insurance Company in this action for declaratory relief. Appellant’s counterclaim, fairly read, alleges facts demonstrating on its face that Capacity’s insurance policy exclusion applies. Capacity insured the bar that had allegedly served drinks to the tort-feasor prior to the accident. There patently is no coverage under the unambiguous wording of the exclusion and therefore Capacity had no duty to defend the claim against the bar.

GLICKSTEIN, STONE and STEVENSON, JJ., concur.

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PER CURIAM.

Affirmed. Appellant, the injured party, appeals a judgment on the pleadings in favor of Capacity Insurance Company in this action for declaratory relief. Appellant’s counterclaim, fairly read, alleges facts demonstrating on its face that Capacity’s insurance policy exclusion applies. Capacity insured the bar that had allegedly served drinks to the tort-feasor prior to the accident. There patently is no coverage under the unambiguous wording of the exclusion and therefore Capacity had no duty to defend the claim against the bar.

GLICKSTEIN, STONE and STEVENSON, JJ., concur.

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Bluebook (online)

687 So. 2d 366, 1997 Fla. App. LEXIS 994, 1997 WL 55697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrews-v-capacity-insurance-co-fladistctapp-1997.

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