COLONY INS. CO. v. BARNES

No. 5:05cv135-RH/WCS.

410 F.Supp.2d 1137 (2005)

COLONY INSURANCE COMPANY, Plaintiff, v. George BARNES, Sr., etc., et al., Defendants.

United States District Court, N.D. Florida, Panama City Division.

December 8, 2005.


Attorney(s) appearing for the Case

Jeffrey Alan Blaker, Conroy Simberg & Ganon PA, West Palm Beach, FL, for Plaintiff.

Benjamin Lloyd Crump, Parks & Crump LLC, Thomas Porter Crapps, Douglass Law Firm, Tallahassee FL, for Defendants.


ORDER GRANTING SUMMARY JUDGMENT IN PART

HINKLE, Chief Judge.

This is a dispute between a liability insurer and its insured nightclub. The issue before the court on cross-motions for summary judgment is whether the insurer has a duty to defend the insured in an underlying wrongful death action. According to the complaint in the wrongful death action, the deceased (a customer of the nightclub) was struck by a stray bullet fired recklessly by a third...

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