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WESTERN HERITAGE INS. CO. v. BH INVESTMENT CORP. AT 1200 HOMESTEAD

No. 99-1393.

744 So.2d 554 (1999)

WESTERN HERITAGE INSURANCE COMPANY, Appellant, v. BH INVESTMENT CORPORATION AT 1200 HOMESTEAD, Appellee.

District Court of Appeal of Florida, Third District.

October 27, 1999.

Attorney(s) appearing for the Case

Dennis J. Wall (Orlando); Clarke Silverglate Williams & Montgomery and Mercer "Bud" Clarke, Miami, for appellant.

Walton Lantaff Schroeder & Carson and Kenneth L. Valentini, Miami, for appellee.

Before COPE, GODERICH and FLETCHER, JJ.

PER CURIAM.

In the underlying declaratory action, the insurer, Western Heritage Insurance Company, appeals from an adverse final summary judgment determining that it had a duty to defend and indemnify its insured, BH Investment Corporation at 1200 Homestead. We reverse finding that coverage was precluded by the assault and battery exclusion contained in the general liability policy. Perrine Food Retailers, Inc. v. Odyssey Re (London) Ltd.,

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