MacLeod v. School Board of Seminole County
MacLeod v. School Board of Seminole County
Opinion of the Court
We reverse the order striking appellants’ complaint as a sham pleading. The second amendment to the student’s amended complaint, in alleging that appellant MacLeod was a teacher and was supervising construction of an athletic building on the high school campus at the time of the student’s injury, was sufficient to invoke appellee Commercial Union’s duty to defend MacLeod under its teacher’s liability coverage rider which provided coverage to teachers for bodily injury arising out of their “teaching activities.”
REVERSED and REMANDED.
. The rider defines “teaching activities” as including "acts or omissions of the insured in connection with his occupation as a member of the faculty_”
. See Federal Ins. Co. v. Applestein, 377 So.2d 229 (Fla. 3d DCA 1979) which explains that the duty to defend is more extensive than the duty to pay and an insurer may be required to defend but not indemnify because the actual facts, as opposed to the complaint, show the non-existence of coverage.
Reference
- Full Case Name
- Don MacLEOD v. SCHOOL BOARD OF SEMINOLE COUNTY, Florida
- Cited By
- 1 case
- Status
- Published