NORTH AMERICAN CAPACITY INS. CO. v. C.H.

No. 2D14-3161.

173 So.3d 1075 (2015)

NORTH AMERICAN CAPACITY INSURANCE COMPANY, Appellant, v. C.H., individually and as Mother and Natural Guardian of S.C., a minor; John C. Dent, as Personal Representative of the Estate of Dialyn Rae; and Andrew Rae, III, an individual, Appellees.

District Court of Appeal of Florida, Second District.

August 7, 2015.


Attorney(s) appearing for the Case

John R. Catizone and Dustin C. Blumenthal of Litchfield Cavo LLP, Fort Lauderdale, for Appellant.

Tracy Raffles Gunn of Gunn Appellate Practice, P.A., Tampa, for Appellees C.H., individually and as Mother and Natural Guardian of S.C., a minor.

Fred Cunningham and Gregory M. Yaffa of Slawson Cunningham Whalen & Gaspari, Palm Beach Gardens; and Andrew A. Harris of Burlington & Rockenbach, P.A., West Palm Beach, for Appellees John C. Dent, as Personal Representative of the Estate of Dialyn Rae; and Andrew Rae, III, an individual.


North American Capacity Insurance Co. (NAC) appeals a judgment entered on June 13, 2014, in consolidated lawsuits arising from an incident of child abuse suffered by S.C. at a daycare operated by the Raes, who are insured by NAC. We affirm for the reasons explained below.

In 2010, C.H. — individually and on behalf of...

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