Legal Opinion

Kirsch ex rel. Kirsch v. Aetna Casualty & Surety Co.

District Court of Appeal of Florida

Decided April 3, 1992No. Nos. 91-00885, 91-01485PublishedCited by 3 opinions

1Opinion of the Court

PATTERSON, Judge.

In this consolidated appeal, the appellants challenge the final summary judgments entered in favor of Aetna Casualty & Surety Company (Aetna) and Joyce M. Tekavec. We affirm as to Tekavec and reverse as to Aetna.

This case arises from injuries sustained by Timothy Kirsch, Jr., age fourteen months, while attending an HRS licensed day care program operated in Tekavec’s home by her daughter, Stephanie Stahl. At approximately 8:00 a.m. on April 21, 1988, Timothy’s mother delivered him to Stahl’s custody at the Tekavec home. Upon the mother’s departure, Stahl began preparing…

2Cases cited5 opinions

  1. State Farm Fire & Casualty Co. v. MooreAppellate Court of Illinois · 1981
  2. Gulf Insurance Company v. TilleyDistrict Court, N.D. Indiana · 1967
  3. Gulf Insurance Company v. Ronald Tilley, Carol Jo Tilley, Marcella Smith (A Minor), Patricia A. SmithCourt of Appeals for the Seventh Circuit · 1968
  4. Haynes v. LloydDistrict Court of Appeal of Florida · 1988
  5. Quality Imports, Inc. v. St. Paul Fire & Marine Ins. Co.District Court of Appeal of Florida · 1990

3Cited by3 opinions

  1. Vandenberg v. Continental InsuranceWisconsin Supreme Court · 2001
  2. Clough v. Govt. Employees Ins. Co.District Court of Appeal of Florida · 1994
  3. Vandenberg v. Continental InsuranceWisconsin Supreme Court · 2001

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