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United National Insurance Co. v. I & JC Corp.

Citations: 927 So. 2d 167; 2006 Fla. App. LEXIS 5957; 2006 WL 1149302Docket: No. 3D05-2518

Court: District Court of Appeal of Florida; April 26, 2006; Florida; State Appellate Court

Narrative Opinion Summary

United National Insurance Company appeals a Final Declaratory Judgment that mandates its duty to indemnify and defend I. JC Corporation in an underlying lawsuit. The trial court, in granting summary judgment, determined there were no genuine issues of material fact and that the moving party was entitled to judgment as a matter of law. However, the appellate court identified an existing factual dispute concerning the applicability of a policy exclusion, referencing legal precedents that clarify an insurer's duty to defend based on the allegations in the underlying complaint. It noted that if an insurer claims a lack of duty to defend based on facts outside the complaint, a declaratory action may be warranted. Therefore, the appellate court reversed the Final Declaratory Judgment and remanded the case for further proceedings regarding the policy exclusion issue.

Legal Issues Addressed

Insurer's Duty to Defend Based on Complaint Allegations

Application: The court reiterated that an insurer's duty to defend is typically determined by the allegations within the underlying complaint, but noted exceptions when facts outside the complaint are relevant.

Reasoning: It noted that if an insurer claims a lack of duty to defend based on facts outside the complaint, a declaratory action may be warranted.

Insurer's Duty to Indemnify and Defend

Application: The appellate court reviewed the trial court's decision mandating the insurer's duty to indemnify and defend, emphasizing that such duties are contingent on the absence of genuine issues of material fact.

Reasoning: The trial court, in granting summary judgment, determined there were no genuine issues of material fact and that the moving party was entitled to judgment as a matter of law.

Policy Exclusion and Genuine Issues

Application: The appellate court found that a factual dispute regarding the applicability of a policy exclusion precluded summary judgment, necessitating further proceedings.

Reasoning: However, the appellate court identified an existing factual dispute concerning the applicability of a policy exclusion.

Reversal and Remand for Further Proceedings

Application: Due to the unresolved factual issues surrounding the policy exclusion, the appellate court reversed the trial court's judgment and remanded the case for additional examination.

Reasoning: Therefore, the appellate court reversed the Final Declaratory Judgment and remanded the case for further proceedings regarding the policy exclusion issue.