MACKIN v. APPLESTEIN

Nos. 80-786, 80-787, 80-808.

404 So.2d 789 (1981)

Robert MACKIN, Appellant, v. Allan H. APPLESTEIN, Allan H. Applestein Foundation Trust and Federal Insurance Company, Appellees. Allan H. APPLESTEIN and Allan H. Applestein Foundation Trust, Appellants, v. FEDERAL INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

October 6, 1981.


Attorney(s) appearing for the Case

Horton, Perse & Ginsberg and Edward A. Perse, Hawkesworth & Schmick, Jerold Feuer, Miami, for Robert Mackin.

Kimbrell, Hamann, Jennings, Womack, Carlson, Kniskern and A.H. Toothman and R. Owen Ricker, Jr., Miami, for Federal Insurance Co., Tew, Spittler & Berger and Jeffrey A. Tew, Miami, for Allan H. Appelstein and Allan H. Applestein Foundation Trust.

Before BARKDULL, SCHWARTZ and FERGUSON, JJ.


SCHWARTZ, Judge.

In Federal Ins. Co. v. Applestein, 377 So.2d 229 (Fla. 3d DCA 1979), cert. denied, 389 So.2d 1107 (Fla. 1980), we held that, upon the face of the plaintiff Mackin's fourth amended complaint against Appelstein and the Applestein trust, which claimed that intentional torts were committed with a specific intent to harm, the defendants' liability carrier, Federal, had no obligation to defend or provide...

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