Shelby Mutual Insurance v. JHG, Brenner & Jones

Full title: SHELBY MUTUAL INSURANCE COMPANY, Appellant, v. JHG, BRENNER JONES, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Nov 24, 1999

744 So. 2d 1254 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-2827.

Opinion filed November 24, 1999.

An Appeal from a non-final order from the Circuit Court for Dade County, Norman Gerstein, Judge, L.T. No. 96-14788.

George, Hartz, Lundeen, Flagg Fulmer, Charles M.P. George and Mitchell L. Lundeen, for appellant.

Hinshaw Culbertson, Eric G. Belsky and Ronald L. Kammer (Fort Lauderdale), for appellee.

Before GERSTEN, GODERICH and FLETCHER, JJ.

PER CURIAM.

Because Shelby Mutual Insurance Company did not have a duty to defend JHG Brenner Jones under its commercial general liability policy, we reverse the entry of summary judgment in favor of JHG, Brenner Jones. Furthermore, even if there had been a duty to defend, the recovery of the costs of defending the suit would have been precluded by Argonaut Insurance Co. v. Maryland Casualty Co., 372 So.2d 960 (Fla. 3d DCA 1979).

Reversed.