ST. FARM FIRE & CAS. CO. v. CALDWELL

No. 92-1769.

630 So.2d 668 (1994)

STATE FARM FIRE AND CASUALTY COMPANY, a foreign corporation, Appellant, v. William Terry CALDWELL and Verus Hilling, Appellees.

District Court of Appeal of Florida, Fourth District.

January 19, 1994.


Attorney(s) appearing for the Case

Richard A. Sherman and Rosemary B. Wilder of Law Offices of Richard A. Sherman, P.A., Fort Lauderdale, and Lonniell Olds, West Palm Beach, for appellant.

Todd C. Alofs of Montgomery & Larmoyeux, and Philip M. Burlington of Edna L. Caruso, P.A., West Palm Beach, for appellee-William Caldwell.

Irwin M. Lader, Fort Lauderdale, and Paul H. Stevens, Miami, for appellee-Verus Hilling.


FARMER, Judge.

The issue is whether the purposeful and deliberate act of striking another person in defense of oneself falls within the meaning of a homeowner's insurance policy exclusion for bodily injury which is either expected or intended by an insured even if the actor did not intend to harm the person struck. In this case, the altercation occurred at a social gathering at the insured's house. Some good-natured bantering evolved into physical horseplay which...

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