Legal Opinion

Estate of Tinervin v. Nationwide Mutual Insurance Co.

District Court of Appeal of Florida

Decided November 25, 2009No. 4D08-2151PublishedCited by 15 opinions

1Opinion of the CourtMay, J.

The plaintiff appeals an adverse declaratory judgment in favor of an insurer. Specifically, the trial court found that the professional services exclusion of a business owner’s policy excluded coverage for services performed by the doctor’s wife in filing, and making the doctor aware of, lab reports. The trial court also found the insurer had a duty to defend. From the latter finding, the insurer filed a cross-appeal. We affirm.

The doctor is a pediatrician. He employed his wife in the office. 1 Her duties included the filing of lab reports in the patient’s chart and providing them to the…

2Cases cited10 opinions

  1. Taurus Holdings v. US FidelitySupreme Court of Florida · 2005
  2. Fayad v. Clarendon Nat. Ins. Co.Supreme Court of Florida · 2005
  3. Lindheimer v. St. Paul Fire & Marine Ins.District Court of Appeal of Florida · 1994
  4. McCreary v. FLA. RESIDENTIAL PROPERTY AND CASUALTY JOINT UNDERWRITING ASSOCIATIONDistrict Court of Appeal of Florida · 2000
  5. Amerisure Ins. Co. v. GOLD COAST MARINE DIST., INC.District Court of Appeal of Florida · 2000

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3Cited by15 opinions

  1. Goldberg v. National Union Fire InsuranceDistrict Court, S.D. Florida · 2015
  2. Westchester General Hospital, Inc. v. Evanston Insurance CompanyCourt of Appeals for the Eleventh Circuit · 2022
  3. Auto-Owners Insurance Company v. E.N.D. Services, Inc.Court of Appeals for the Eleventh Circuit · 2013
  4. Colony Insurance v. Suncoast Medical Clinic, LLCDistrict Court, M.D. Florida · 2010
  5. Victoria Select Insurance v. Vrchota Corp.District Court, S.D. Florida · 2011

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