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ESSEX INS. CO. v. BIG TOP OF TAMPA, INC.

No. 2D10-116.

53 So.3d 1220 (2011)

ESSEX INSURANCE COMPANY, a foreign corporation, Appellant, v. BIG TOP OF TAMPA, INC., Hillsborough County Sheriff's Office, and Patrick C. O'Fell, Appellees.

District Court of Appeal of Florida, Second District.

February 16, 2011.

Attorney(s) appearing for the Case

Clinton D. Flagg and Susana C. Núñez of Law Office of Clinton D. Flagg, P.A., Miami, for Appellant.

Gary L. Sanders and David A. Glenny of Bice Cole Law Firm, P.A., Ocala, for Appellee Big Top of Tampa, Inc.

No appearance for appellees Hillsborough County Sheriff's Office and Patrick C. O'Fell.

MORRIS, Judge.

Essex Insurance Company appeals a final judgment in a declaratory action filed by Essex against Patrick O'Fell, the Hillsborough County Sheriff's Office, and Big Top of Tampa, Inc. In the final declaratory judgment, the trial court ruled that Essex, as Big Top's insurer, has a duty to defend and indemnify Big Top for O'Fell's claims against Big Top. We reverse because the insurance policy at issue clearly excludes

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