7 Fla. L. Weekly Supp. 456a
Insurance — Liability — Record shows there is no duty to defend and no coverage to third party under insurance policy at issue — Third party is not an insured under the policy — Allegations claiming liability for negligence arising out of assault or battery fall within assault or battery exclusion of general liability policy at issue
THE BURLINGTON INSURANCE COMPANY, a foreign corporation, Plaintiff, v. MORAN CONSTRUCTION, INC., a Florida Corporation, and JACINTO FALCON, Defendants. Circuit Court, 11th Judicial Circuit in and for Dade County. Case No. 99-24351-CA27. May 1, 2000. Paul Siegel, Judge. Counsel: Lawrence B. Craig, III. Daniel E. Jonas. Luis Stabinski.
SUMMARY FINAL DECLARATORY JUDGMENT IN FAVOR OF PLAINTIFF, THE BURLINGTON INSURANCE COMPANY
THIS CAUSE having come on to be heard on Wednesday, April 26, 2000 on Plaintiff’s, THE BURLINGTON INSURANCE COMPANY’S, Motion for Summary Judgment, which was served on February 28, 2000, and the Court having heard argument of counsel, having considered the record of this cause, and being otherwise fully advised in the premises, is hereby
ORDERED AND ADJUDGED that the Plaintiff’s, BURLINGTON’S, Motion for Summary Judgment be and hereby is GRANTED. The record of this cause shows that there is no genuine issue as to any material fact and that BURLINGTON is entitled to the entry of a Summary Final Declaratory Judgment in its favor as a matter of law. There is no duty to defend and no coverage to MORAN CONSTRUCTION, INC. under the BURLINGTON policy at issue, Policy No. B0204G410125. MORAN CONSTRUCTION is not an insured under that policy. In addition, the allegations in the Second Amended Complaint in the underlying liability case are of liability for negligence arising out of an assault or a battery, which is excluded by the Assault or Battery Exclusion in the BURLINGTON general liability policy at issue.
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