Opinion
Nos. 99-1477, 99-1393 99-1392.
Opinion filed October 27, 1999.
An Appeal from the Circuit Court for Dade County, Alan Postman, Judge, L.T. No. 98-14933.
Dennis J. Wall (Orlando); Clarke Silverglate Williams Montgomery and Mercer "Bud" Clarke, for appellant.
Walton Lantaff Schroeder Carson and Kenneth L. Valentini, for appellee.
Before COPE, GODERICH and FLETCHER, JJ.
In the underlying declaratory action, the insurer, Western Heritage Insurance Company, appeals from an adverse final summary judgment determining that it had a duty to defend and indemnify its insured, BH Investment Corporation at 1200 Homestead. We reverse finding that coverage was precluded by the assault and battery exclusion contained in the general liability policy. Perrine Food Retailers, Inc. v. Odyssey Re (London) Ltd., 721 So.2d 402 (Fla. 3d DCA 1998); Britamco Underwriter's Inc. v. Zuma Corp., 576 So.2d 965 (Fla. 3d DCA 1991).
Reversed.