Skip to main content
· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.