National Union Fire Insurance Co. of Pittsburg v. J.M. Pontiac, Inc.

District Court of Appeal of Florida

National Union Fire Insurance Co. of Pittsburg v. J.M. Pontiac, Inc.

571 So. 2d 512, 1990 Fla. App. LEXIS 8502, 1990 WL 235756

CourtDistrict Court of Appeal of Florida

DecidedNovember 6, 1990

DocketNo. 88-2273

StatusPublished

This text of 571 So. 2d 512 (National Union Fire Insurance Co. of Pittsburg v. J.M. Pontiac, Inc.) 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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National Union Fire Insurance Co. of Pittsburg v. J.M. Pontiac, Inc., 571 So. 2d 512, 1990 Fla. App. LEXIS 8502, 1990 WL 235756 (Fla. Ct. App. 1990).

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Opinion

ON MOTION FOR REHEARING

PER CURIAM.

No error is shown in the court’s determination, by final judgment, that from the face of the pleadings the appellant/insurer had a duty to defend. Accredited Bond Agencies, Inc. v. Gulf Ins. Co., 352 So.2d 1252 (Fla. 1st DCA 1977). While it is clear that the complaint set forth alternative theories of liability, J.M. Pontiac has demonstrated that separate provisions of the policy provide coverage under any of the theories. The adjudication that National Union “must defend and indemnify Defendant, J.M. PONTIAC, Inc., for all causes of action set forth” in the complaint is correct.

In the absence of a responsive pleading to a cross-claim which states a cause of action, the court, after notice and a hearing, may enter a default judgment. Fla.R.Civ.P. 1.500(b).

The summary judgment is affirmed.

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ON MOTION FOR REHEARING

PER CURIAM.

No error is shown in the court’s determination, by final judgment, that from the face of the pleadings the appellant/insurer had a duty to defend. Accredited Bond Agencies, Inc. v. Gulf Ins. Co., 352 So.2d 1252 (Fla. 1st DCA 1977). While it is clear that the complaint set forth alternative theories of liability, J.M. Pontiac has demonstrated that separate provisions of the policy provide coverage under any of the theories. The adjudication that National Union “must defend and indemnify Defendant, J.M. PONTIAC, Inc., for all causes of action set forth” in the complaint is correct.

In the absence of a responsive pleading to a cross-claim which states a cause of action, the court, after notice and a hearing, may enter a default judgment. Fla.R.Civ.P. 1.500(b).

The summary judgment is affirmed.

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571 So. 2d 512, 1990 Fla. App. LEXIS 8502, 1990 WL 235756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-union-fire-insurance-co-of-pittsburg-v-jm-pontiac-inc-fladistctapp-1990.

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