SPRADLEY v. CITIZENS PROPERTY INSURANCE CORPORATION (2022)

District Court of Appeal of Florida, First District.

Erinn SPRADLEY, as Mother and Natural Guardian of her Minor Son, Jaydin Spradley; Gerri Hockaday, as Personal Representative of the Estate of her son, Jacob Gurganus; Mary M. Sheffield, as Personal Representative of the Estate of Rachel Lillian Sheffield; Beverly Denise Walsh, as Personal Representative of the Estate of Michael Halstead, Appellants, v. CITIZENS PROPERTY INSURANCE CORPORATION and Billy Joe Ogburn, Appellees.

No. 1D20-3057

Decided: March 02, 2022

Bruce R. Kaster and Skip Edward Lynch of Kaster, Lynch, Farrar & Ball, LLP, Ocala; Nathan Koneru and Mark Bankston, pro hac vice for Kaster, Lynch, Farrar & Ball, LLP, Houston, Texas, for Appellants. Kathy Maus and J. Blake Hunter of Butler Weihmuller Katz Craig LLP, Tampa; Kathryn L. Ender of Lewis Brisbois Bisgaard & Smith, LLP, Coral Gables, for Appellees.

Affirmed. See Am. Sur. & Cas. Co. v. Lake Jackson Pizza, 788 So. 2d 1096, 1099–1100 (Fla. 1st DCA 2001) (holding that there was no duty to defend because the injuries arose out of the ownership, maintenance, or use of the vehicle, which was excluded from the policy).

Per Curiam.

Roberts, Ray, and Long, JJ., concur.

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