TRAVELERS INS. CO. v. EMERY

No. 90-1981.

579 So.2d 798 (1991)

The TRAVELERS Insurance Company, a Connecticut Corporation Authorized to Do Business in the State of Florida, Appellant, v. Paul EMERY and John Kemp, Appellees.

District Court of Appeal of Florida, First District.

May 8, 1991.


Attorney(s) appearing for the Case

Mitchell J. Frank of Frank and Brightman, Orlando, for appellant.

J. Riley Davis of Taylor, Brion, Buker & Greene, Tallahassee, Don Greiwe of Wagner, Cunningham, Vaughan & McLaughlin, P.A., Tampa, and Joel S. Perwin of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, for appellees.


PER CURIAM.

The Travelers Insurance Co. (Travelers) appeals a final judgment denying its complaint for declaratory relief as "premature." Travelers asserts entitlement to a declaratory judgment that a homeowner's policy excludes coverage for an insured's alleged "business pursuit," terminating any duty to defend him against a third party in prospective liability litigation. We reverse.

In December 1987, inmate Jack Kemp was rendered quadriplegic while operating...

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