ESTATE OF TINERVIN v. NATIONWIDE MUT. INS.

No. 4D08-2151.

23 So.3d 1232 (2009)

The ESTATE OF Steven Adam TINERVIN as assignee of Zenaida R. Gonzales and Alfredo V. Gonzales, M.D., P.A., Appellants, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 28, 2010.


Attorney(s) appearing for the Case

Jane Kreusler-Walsh and Rebecca Mercier Vargas of Kreusler-Walsh, Compiani & Vargas, P.A., West Palm Beach, and Jeffrey C. Fulford of Jeffrey C. Fulford, P.A., Stuart, for appellants.

Hinda Klein of Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer, P.A., Hollywood, for appellee.


MAY, J.

The plaintiff appeals an adverse declaratory judgment in favor of an insurer. Specifically, the trial court found that the professional services exclusion of a business owner's policy excluded coverage for services performed by the doctor's wife in filing, and making the doctor aware of, lab reports. The trial court also found the insurer had a duty to defend. From the latter finding, the insurer filed a cross-appeal. We affirm.

The doctor is a pediatrician...

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