Balboa Insurance v. Floyd
Balboa Insurance v. Floyd
Opinion of the Court
The appellant issued a homeowners insurance policy to the appellee, Joseph Sawyer. The policy contained the following provisions covering accidental injury to another :
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“1. Coverage E — Personal Liability
“(a) Liability: To pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of bodily injury.or property damage, and the Company shall defend any suit against the Insured alleging such bodily injury or property damage and seeking damages which are payable under the terms of this policy, even if any of the allegations of the suit are groundless, false or fraudulent; but the Company may make such investigation and settlement of any claim or suit as it deems expedient.”
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It also had the following exclusion for intentional injury:
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“Special Exclusions
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“(c) Under Coverages E and F, to bodily injury or property damage caused intentionally by or at the direction of the Insured;”
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The trial court rendered a summary judgment in favor of the mother of the deceased and adverse to the insurance, holding as a matter of law that the actions of Sawyer were unintentional and therefore there would be coverage under the policy. We reverse.
It is an issue to be determined by the trier of the fact as to whether or not the killing of the minor was an intentional or unintentional act. This is a material issue which should be submitted to a jury and not determined at a summary judgment hearing. Holl v. Talcott, Fla.1966, 191 So.2d 40; Shollenberger v. Baskin, Fla.App.1969, 227 So.2d 79; Lora v. Maule Industries, Inc., Fla.App.1970, 235 So.2d 743; see George v. Stone, Fla.App.1972, 260 So.2d 259 (opinion filed April 7, 1972). Obviously, the question of coverage is dependent on a resolution of this issue and, under the circumstances, it would appear that it would be appropriate for the trial judge to sever this issue prior to the main trial proceedings. Beta Eta House Corp. of Tallahassee v. Gregory, Fla.1970, 237 So.2d 163; Stecher v. Pomeroy, Fla.1971, 253 So.2d 421.
Reversed and remanded, with directions.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.