· 11/20/1979
Federal Ins. Co. v. Applestein
Citations
- 377 So. 2d 229
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- \the 'actual facts' of the situation are not pertinent\ to the duty to defend issue
- “the ‘actual facts’ of the situation are not pertinent” to the duty to defend issue
- summary judgment in favor of insured reversed where the allegations of the complaint “completely negate[d] coverage by conclusively establishing that the exclusion applies”
- the non-existence of coverage or applicability of a policy exclusion removes all obligation from the insurer to defend the action against insured
- insurer’s duty to defend an action against its putative insured is determined by the allegations of the plaintiffs complaint
- “No obligation to defend the action, much less to pay any resulting judgment, arises when the pleading in question shows either the non-existence of coverage or the applicability of a policy exclusion.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hendry, Barkdull and Schwartz
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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