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DANNY'S BACKHOE SERVICE v. AUTO OWNERS INS.

No. 1D12-5142.

116 So.3d 508 (2013)

DANNY'S BACKHOE SERVICE, LLC, Appellant, v. AUTO OWNERS INSURANCE COMPANY and Ring Power Corporation, A Florida corporation, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied July 10, 2013.

Attorney(s) appearing for the Case

John S. Kalil of Law Offices of John S. Kalil, P.A., Jacksonville and John E. Spiller of John E. Spiller, P.A., Kissimmee, for Appellant.

Brett B. Little of Carter, Drylie & Little, P.A., Gainesville, for Appellees.

MARSTILLER, J.

Appellant, Danny's Backhoe Service, LLC ("Danny's Backhoe"), appeals a final summary judgment declaring that Appellee, Auto Owners Insurance Company ("Auto Owners"), has no duty to defend Danny's Backhoe in a tort suit brought by Appellee, Ring Power Corporation ("Ring Power"), for damage to its equipment, and that Auto Owners did not waive the right to deny coverage. Finding no error by the trial court in interpreting either the insurance contract...

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