NAT. U. FIRE INS. CO. v. J.M. PONTIAC, INC.

No. 88-2273.

571 So.2d 512 (1990)

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURG, PENNSYLVANIA, Appellant, v. J.M. PONTIAC, INC., Appellee.

District Court of Appeal of Florida, Third District.

Opinion of October 3, 1989 Vacated and Withdrawn and Rehearing of Opinion on Rehearing Denied December 12, 1990.


Attorney(s) appearing for the Case

Merritt & Sikes and William C. Merritt, Miami, for appellant.

Herzfeld and Rubin and Jeffrey B. Shapiro and Judy D. Shapiro, Miami, for appellee.

Before FERGUSON, COPE and LEVY, JJ.


ON MOTION FOR REHEARING

PER CURIAM.

No error is shown in the court's determination, by final judgment, that from the face of the pleadings the appellant/insurer had a duty to defend. Accredited Bond Agencies, Inc. v. Gulf Ins. Co., 352 So.2d 1252 (Fla. 1st DCA 1977). While it is clear that the complaint set forth alternative theories of liability, J.M. Pontiac has demonstrated that separate provisions of the policy...

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