Opinion
CASE NO. 96-0249
Opinion filed February 12, 1997
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; John T. Luzzo, Judge. L.T. Case No. 94-5713.
Richard K. Slinkman of F. Kendall Slinkman, P.A., West Palm Beach, for appellant.
Richard A. Sherman of Law Offices of Richard A. Sherman, P.A., Fort Lauderdale, and Daniel J. Lynott of Santos Dutton, P.A., Tampa, for appellee.
Affirmed. Appellant, the injured party, appeals a judgment on the pleadings in favor of Capacity Insurance Company in this action for declaratory relief. Appellant's counterclaim, fairly read, alleges facts demonstrating on its face that Capacity's insurance policy exclusion applies. Capacity insured the bar that had allegedly served drinks to the tortfeasor prior to the accident. There patently is no coverage under the unambiguous wording of the exclusion and therefore Capacity had no duty to defend the claim against the bar.
GLICKSTEIN, STONE and STEVENSON, JJ., concur.