Florida District Courts of Appeal, 1997

Andrews v. Capacity Insurance Co.

Andrews v. Capacity Insurance Co.
Florida District Courts of Appeal · Decided February 12, 1997 · Glickstein, Stevenson, Stone
687 So. 2d 366; 1997 Fla. App. LEXIS 994; 1997 WL 55697 (Southern Reporter, Second Series)

Andrews v. Capacity Insurance Co.

Opinion of the Court

PER CURIAM.

Affirmed. Appellant, the injured party, appeals a judgment on the pleadings in favor of Capacity Insurance Company in this action for declaratory relief. Appellant’s counterclaim, fairly read, alleges facts demonstrating on its face that Capacity’s insurance policy exclusion applies. Capacity insured the bar that had allegedly served drinks to the tort-feasor prior to the accident. There patently is no coverage under the unambiguous wording of the exclusion and therefore Capacity had no duty to defend the claim against the bar.

GLICKSTEIN, STONE and STEVENSON, JJ., concur.

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