Narrative Opinion Summary
Shelby Mutual Insurance Company was found not to have a duty to defend JHG, Brenner. Jones under its commercial general liability policy, leading to the reversal of the summary judgment previously granted in favor of JHG, Brenner. Jones. Additionally, even if a duty to defend had existed, the recovery of defense costs would have been barred by precedent established in Argonaut Insurance Co. v. Maryland Casualty Co., 372 So.2d 960 (Fla. 3d DCA 1979). The decision is reversed.
Legal Issues Addressed
Duty to Defend under Commercial General Liability Policiessubscribe to see similar legal issues
Application: The court found that Shelby Mutual Insurance Company did not have an obligation to defend the insured party, JHG, Brenner. Jones, under its commercial general liability policy.
Reasoning: Shelby Mutual Insurance Company was found not to have a duty to defend JHG, Brenner. Jones under its commercial general liability policy, leading to the reversal of the summary judgment previously granted in favor of JHG, Brenner. Jones.
Recovery of Defense Costs Barred by Precedentsubscribe to see similar legal issues
Application: Even if there had been a duty to defend, the recovery of defense costs would have been barred based on the precedent set by the case Argonaut Insurance Co. v. Maryland Casualty Co.
Reasoning: Additionally, even if a duty to defend had existed, the recovery of defense costs would have been barred by precedent established in Argonaut Insurance Co. v. Maryland Casualty Co., 372 So.2d 960 (Fla. 3d DCA 1979).