WEST AMERICAN INSURANCE COMPANY v. NIXON

No. 4-86-0203.

489 So.2d 876 (1986)

WEST AMERICAN INSURANCE COMPANY, Appellant, v. Luann NIXON, Mary Lou Powell, John T. Morris and Joy Morris, As Parents and Natural Guardians of Stephanie Nicole Morris, a Minor, and John T. Morris and Joy Morris, Individually, Appellees.

District Court of Appeal of Florida, Fourth District.

June 11, 1986.


Attorney(s) appearing for the Case

Alton G. Pitts and Richard D. Roggenkamp, of Pitts, Eubanks, Hannah, Hilyard and Marsee, P.A., Orlando, for appellant.

Edward M. Ricci of Ricci & Roberts, P.A., West Palm Beach, for appellees Nixon and Powell.

William E. Pruitt and William H. Pruitt, of Pruitt & Pruitt, P.A., West Palm Beach, for appellees Morris.


HERSEY, Chief Judge.

Appellant, insurer, seeks review of a non-final order holding that a duty to defend appellees, insureds under a homeowner's policy, had been breached when the insurer denied coverage and did not provide a defense in a negligence action previously concluded and in which a substantial judgment was entered against the insureds. The present order takes the form of a partial summary judgment entered on one count of a six-count counterclaim interposed...

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