Mercury Insurance Company v. Coatney

Full title: MERCURY INSURANCE COMPANY OF FLORIDA, Appellant, v. ASHLEY COATNEY, as…

Court: District Court of Appeal of Florida, First District

Date published: Jun 7, 2005

Case No. 1D04-0683 (Fla. Dist. Ct. App. Jun. 7, 2005)

Opinion

Case No. 1D04-0683.

Opinion filed June 7, 2005.

An appeal from the Circuit Court for Bay County, Judy Pittman, Judge.

Mark J. Upton of Daniell, Upton, Perry Morris, P.A., Daphne, Alabama, for Appellant.

Randle D. Thompson of Kerrigan, Estess, Rankin, McLeod Thompson, LLP, Pensacola, for Appellees William H. Moody, Sr., and Margaret Moody.

John Fishel of Boggs Fishel, Panama City, for Appellee Ashley Coatney.

Louis K. Rosenbloum of Louis K. Rosenbloum, P.A., Pensacola, for Appellees.

PER CURIAM.

This is an appeal from a declaratory judgment in which the trial court ruled that an exclusion in an automobile-liability insurance policy for any loss caused while the insured is committing or attempting to commit a felony was void as against public policy, pursuant to Allstate Indemnity Co. v. Wise, 818 So. 2d 524 (Fla. 2d DCA 2001). Appellant, Mercury Insurance Company of Florida (Mercury), also appeals an award of attorney's fees¹ to appellees, William H. Moody, Sr., and Margaret Moody. Mercury concedes that if we affirm the declaratory judgment, the lower court's assessment of fees was proper. We AFFIRM the declaratory judgment, based on the rationale ofWise, and similarly AFFIRM the fee award.

1 Entered pursuant to section 57.105, Florida Statutes (2002).

ERVIN, DAVIS and HAWKES, JJ., CONCUR.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED