Legal Opinion
Wilshire Insurance Co. v. Poinciana Grocer, Inc.
District Court of Appeal of Florida
Decided November 7, 2014No. 5D13-3317PublishedCited by 3 opinions
1Opinion of the CourtWallis, J.
Wilshire Insurance Company (“Appellant”) appeals the trial court’s order, which denied Appellant’s motion for summary judgment and held Appellant had a duty to defend Poinciana Grocer, Inc. (“Poinciana”) in an underlying negligence action. Charles Martin (“Martin”) brought the underlying action, alleging he was stabbed on Poinciana’s premises by a patron, John F. Henderson (“Henderson”). On appeal, Appellant argues the insurance policy contains a clear exclusion from coverage for claims arising from assault and battery. We agree.1
In his complaint, Martin alleged he was legally on Poinciana’s…
Also in this document: Concurrence.
2Cases cited12 opinions
- Volusia County v. Aberdeen at Ormond BeachSupreme Court of Florida · 2000
- National U. Fire Ins. Co. v. Lenox Liquors, Inc.Supreme Court of Florida · 1977
- Westmoreland v. Lumbermens Mut. Cas. Co.District Court of Appeal of Florida · 1997
- McCreary v. FLA. RESIDENTIAL PROPERTY AND CASUALTY JOINT UNDERWRITING ASSOCIATIONDistrict Court of Appeal of Florida · 2000
- Keen v. FLORIDA SHERIFFS'SELF-INSURANCEDistrict Court of Appeal of Florida · 2007
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Aix Specialty Ins. Co. v. Ashland 2 Partners, LLCDistrict Court, M.D. Florida · 2019
- Health First, Inc. v. Capitol Specialty Insurance Corp.Court of Appeals for the Eleventh Circuit · 2018
- SIERRA AUTO CENTER, INC. v. GRANADA INSURANCE COMPANYDistrict Court of Appeal of Florida · 2021