Summary
holding that exclusion under insurance policy for damage which is "either expected or intended" by insured barred coverage for fire damage allegedly caused by detonation of smoke bomb by insured's son
Summary of this case from Allstate Ins. v. CruseOpinion
No. JJ-184.
October 13, 1978. Rehearing Denied November 8, 1978.
Appeal from the Circuit Court, Escambia County, Joseph M. Crowell, J.
O.E. Adams, Sr., Pensacola, for appellant.
Charles L. Cetti of Cetti McGraw, Pensacola, for appellees.
An appeal from a summary judgment for defendant Allstate on appellant's claim under a policy insuring the Arrant family against liability for property damage caused by "accident." The policy excluded coverage for damage "which is either expected or intended" by the insured. Young Keith Arrant allegedly set off a smoke bomb in appellant's building. The building burned. The trial court held as a matter of law that the fire was not an accident and rejected the possibility that Keith intended to cause smoke, not fire. We affirm. Hardware Mutual Cas. Co. v. Gerrits, 65 So.2d 69 (Fla. 1953). Ignition of the bomb was the natural, probable, and intended result of Keith's act. Braley v. American Home Assur. Co., 354 So.2d 904 (Fla.2d DCA 1978) does not suggest that ignition of the building was an unusual or unexpected result of igniting the bomb.
AFFIRMED.
MILLS, Acting C.J., and ERVIN, J., concur.