Legal Opinion

State Farm Fire & Casualty Co. v. Caldwell

District Court of Appeal of Florida

Decided January 19, 1994No. 92-1769PublishedCited by 9 opinions

1Opinion of the Court

FARMER, Judge.

The issue is whether the purposeful and deliberate act of striking another person in defense of oneself falls within the meaning of a homeowner’s insurance policy exclusion for bodily injury which is either expected or intended by an insured even if the actor did not intend to harm the person struck. In this case,.the altercation occurred at a social gathering at the insured’s house. Some good-natured bantering evolved into physical horseplay which in turn became quite unfri-volous. A chokehold led to pushing, which led to taunting, which finally culminated in the host/insured…

2Cases cited2 opinions

  1. State Farm Fire and Cas. Co. v. MarshallSupreme Court of Florida · 1989
  2. League of Mercy Assoc., Inc. v. WaltDistrict Court of Appeal of Florida · 1979

3Cited by9 opinions

  1. Deakyne v. Selective Insurance Co. of AmericaSuperior Court of Delaware · 1997
  2. CABEZAS EX REL. FERRER v. Fla. Farm Bureau Cas. Ins. Co.District Court of Appeal of Florida · 2002
  3. Nationwide Mutual Fire Insurance v. Mitchell Ex Rel. SeymourDistrict Court, S.D. Mississippi · 1995
  4. Cabezas ex rel. Ferrer v. Florida Farm Bureau Casualty InsuranceDistrict Court of Appeal of Florida · 2002
  5. New Hampshire Indemnity Co. v. ScottDistrict Court, M.D. Florida · 2012

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