Hancock v. State Farm Fire & Casualty Co.

District Court of Appeal of Florida

Hancock v. State Farm Fire & Casualty Co.

623 So. 2d 536, 1993 Fla. App. LEXIS 7621

CourtDistrict Court of Appeal of Florida

DecidedJuly 20, 1993

DocketNos. 92-1054, 92-1058

StatusPublished

Cited by1 cases

This text of 623 So. 2d 536 (Hancock v. State Farm Fire & Casualty 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.

Bluebook

Hancock v. State Farm Fire & Casualty Co., 623 So. 2d 536, 1993 Fla. App. LEXIS 7621 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

Notwithstanding the fact that the declaratory judgment action was improperly entertained, see Bergh v. Canadian Universal Ins. Co., 216 So.2d 436 (Fla.1968); Columbia Casualty v. Zimmerman, 62 So.2d 338 (Fla.1952), the fact finder considered the counterclaim on the merits and found that Hancock wilfully and intentionally threw the glass into Ginelli’s face. We affirm based on Prudential Property & Casualty Ins. v. Swindal, 622 So.2d 467 (Fla.1993) and Landis v. Allstate Ins. Co., 546 So.2d 1051 (Fla.1989). See also AIU Ins. Co. v. Block Marina Investment, Inc., 544 So.2d 998 (Fla.1989).

Affirmed.

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PER CURIAM.

Notwithstanding the fact that the declaratory judgment action was improperly entertained, see Bergh v. Canadian Universal Ins. Co., 216 So.2d 436 (Fla.1968); Columbia Casualty v. Zimmerman, 62 So.2d 338 (Fla.1952), the fact finder considered the counterclaim on the merits and found that Hancock wilfully and intentionally threw the glass into Ginelli’s face. We affirm based on Prudential Property & Casualty Ins. v. Swindal, 622 So.2d 467 (Fla.1993) and Landis v. Allstate Ins. Co., 546 So.2d 1051 (Fla.1989). See also AIU Ins. Co. v. Block Marina Investment, Inc., 544 So.2d 998 (Fla.1989).

Affirmed.

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623 So. 2d 536, 1993 Fla. App. LEXIS 7621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hancock-v-state-farm-fire-casualty-co-fladistctapp-1993.

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