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MacLEOD v. SCHOOL BD. OF SEMINOLE COUNTY

No. 83-546.

457 So.2d 511 (1984)

Don MacLEOD, et al., Appellants, v. SCHOOL BOARD OF SEMINOLE COUNTY, Florida, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 16, 1984.

Attorney(s) appearing for the Case

Margaret E. Sojourner of Haas, Boehm, Brown, Rigdon & Seacrest, P.A., Orlando, for appellants.

Robert D. Keough of Woolfolk & Estes, P.A., Orlando, for appellees.

FRANK D. UPCHURCH, Jr., Judge.

We reverse the order striking appellants' complaint as a sham pleading. The second amendment to the student's amended complaint, in alleging that appellant MacLeod was a teacher and was supervising construction of an athletic building on the high school campus at the time of the student's injury, was sufficient to invoke appellee Commercial Union's duty to defend MacLeod under its teacher's liability coverage rider which provided coverage...

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