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LINDHEIMER v. ST. PAUL FIRE & MARINE INS.

No. 92-2254.

643 So.2d 636 (1994)

Bambi LINDHEIMER and Richard Lindheimer, Appellants, v. The ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

September 14, 1994.

Attorney(s) appearing for the Case

Proenza, White & Roberts, and H. Mark Vieth, Miami, for appellants.

Michaud, Buschmann, Fox, Ferrara & Mittelmark, and James T. Ferrara, and Scott H. Michaud, Boca Raton, Parker, Johnson, Goodwin, McGuire & Burke, and Pamela Mark Burke, and E. Clay Parker, Orlando, for appellee.

Sharon Lee Stedman, Orlando, for Florida Defense Lawyers Ass'n, as amicus curiae.

Before SCHWARTZ, C.J., and BARKDULL, HUBBART, NESBITT, BASKIN, JORGENSON, COPE, LEVY, GERSTEN and GODERICH, JJ.

ON REHEARING EN BANC

GERSTEN, Judge.

Appellants, Bambi and Richard Lindheimer (the Lindheimers), appeal a declaratory judgment in favor of the appellee, St. Paul Fire and Marine Insurance Company (St. Paul), the provider of professional liability insurance to Edward Joseph, D.D.S., an oral surgeon. We affirm because the professional liability policy does not cover acts of sexual misconduct.

Ms. Lindheimer was receiving periodontal treatment...

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