Blue Cross & Blue Shield of Florida, Inc. v. Steck

We have for review Blue Cross & Blue Shield of Florida, Inc. v. Steck, 778 So.2d 374 (Fla. 2d DCA 2001), based on apparent conflict with American Heritage Life Insurance Co. v. English, 786 So.2d 1280 (Fla. 5th DCA 2001). Both cases concern the applicability of an intoxication exclusion in an insurance policy. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

Upon further consideration, we find no conflict. Not only are the policy provisions 1 and factual underpinnings2 of these two cases substantially different, the insurance policies themselves are different in kind. The policy in…