Legal Opinion

Essex Insurance Co. v. Big Top of Tampa, Inc.

District Court of Appeal of Florida

Decided February 16, 2011No. 2D10-116PublishedCited by 14 opinions

1Opinion of the Court

MORRIS, Judge.

Essex Insurance Company appeals a final judgment in a declaratory action filed by Essex against Patrick O’Fell, the Hills-borough County Sheriffs Office, and Big Top of Tampa, Inc. In the final declaratory judgment, the trial court ruled that Essex, as Big Top’s insurer, has a duty to defend and indemnify Big Top for O’Fell’s claims against Big Top. We reverse because the insurance policy at issue clearly excludes coverage for the claims in O’Fell’s complaint against Big Top.

I. Facts

Patrick O’Fell filed a complaint against Big Top and the Hillsborough County Sheriffs Office for…

2Cases cited11 opinions

  1. Swire Pacific Holdings, Inc. v. Zurich Ins. Co.Supreme Court of Florida · 2003
  2. City of Miami v. SandersDistrict Court of Appeal of Florida · 1996
  3. National U. Fire Ins. Co. v. Lenox Liquors, Inc.Supreme Court of Florida · 1977
  4. Higgins v. State Farm Fire and Cas. Co.Supreme Court of Florida · 2004
  5. Britamco Underwriter's, Inc. v. Zuma Corp.District Court of Appeal of Florida · 1991

6 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Burlington Insurance Company, Inc. v. Iledieu CireusCourt of Appeals for the Eleventh Circuit · 2014
  2. E.S.Y., Inc. v. Scottsdale InsuranceDistrict Court, S.D. Florida · 2015
  3. Scullock v. GeeDistrict Court of Appeal of Florida · 2014
  4. Certain Interested Underwriters at Lloyd's, London v. AXA Equitable Life InsuranceDistrict Court, S.D. Florida · 2014
  5. Starr Indem. & Liab. Co. v. Miami Chocolates, LLCDistrict Court, S.D. Florida · 2018

9 more not listed; retrieve them via the Exa API.

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