FCCI INS. CO. v. HORNE

No. 5D04-122.

890 So.2d 1141 (2004)

FCCI INSURANCE COMPANY, Appellant, v. Jeanette A. HORNE, etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

December 10, 2004.


Attorney(s) appearing for the Case

Lamar D. Oxford of Dean, Ringers, Morgan & Lawton, P.A., Orlando, for Appellant.

Chris Ballentine of Fisher, Rushmer, Werrenrath, Dickson, Talley & Dunlap, P.A., Orlando, for Appellee One Beacon Insurance Company.

Angela C. Flowers of Kubicki Draper, Miami, for Appellee Modern Continental South, Inc.

No Appearance for Appellees Jeanette A. Horne, et al.


SHARP, W., J.

The issue in this case is whether an insurer must honor its contractual obligation to defend or indemnify its insured under a liability policy which applies to bodily injury by "accident" and excludes intentionally caused injury where it is alleged the insured engaged in conduct "substantially certain to result in serious injury or death." We conclude that, under the facts in this case, the insurer must do so and affirm the judgment below.

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