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NATIONWIDE MUT. FIRE INS. CO v. KEEN

No. 94-0293.

658 So.2d 1101 (1995)

NATIONWIDE Mutual FIRE INSURANCE COMPANY, Appellant, v. Michael KEEN and Charleen Keen, his Wife, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing Denied September 6, 1995.

Attorney(s) appearing for the Case

Michael B. Davis of Paxton, Crow, Bragg, Smith & Keyser, P.A., West Palm Beach, for appellant.

Philip M. Burlington of Caruso, Burlington, Bohn & Campiani, P.A., and Schuler, Wilkerson, Halvorson & Williams, P.A., West Palm Beach, for appellee.

Rehearing and Rehearing En Banc Denied September 6, 1995.

FARMER, Judge.

This appeal presents the issue whether a liability insurance carrier breaches a duty to defend its insured in pending litigation which does not allege a claim covered by the policy and where its insured had unequivocally disclosed facts to the carrier before suit was filed that negated any possible coverage. We conclude that Nationwide did not breach its duty to defend.

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