DUNG BA NGUYEN, APPELLANT,
v.
HOLYOKE MUTUAL INSURANCE COMPANY, APPELLEE

Fla. 3d DCA | 1983-06-28
No. 82-2182
Before SCHWARTZ, C.J., and DANIEL S. PEARSON and JORGENSON, JJ.
436 So. 2d 931 Florida District Court of Appeal, Third District (1983) Negative Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM

PER CURIAM

We recede from footnote 10 in Volkswagen Insurance Co. v. Nguyen, 405 So. 2d 190 (Fla. 3d DCA 1981), and remand to the trial court in light of Hodges v. National Union Indemnity Co., 249 So. 2d 679 (Fla. 1971); § 320.01(1)(a), (13), Fla.Stat. (1981).


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  • Scarfone v. Magaldi, 522 So. 2d 902 (Fla. 3d DCA 1988)
    …ed, 488 So. 2d 831 (Fla. 1986). Moreover, we conclude that an en banc review of this issue is unnecessary to accomplish this overruling in view of our unquestioned duty to follow the Ruth decision. See, e.g., Dung Ba Nguyen v. Holyoke Mut. Ins. Co., 436 So. 2d 931 (Fla. 3d DCA 1983).…
  • Martinez v. Citizens Prop. Ins. Corp., 982 So. 2d 57 (Fla. 3d DCA 2008)
    …there exists a causal connection between the excluded act, such as automobile maintenance, and the injury. See Volkswagen Ins. Co. v. Nguyen, 405 So. 2d 190 (Fla. 3d DCA 1981), receded from on other grounds, Dung Ba Nguyen v. Holyoke Mut. Ins. Co., 436 So. 2d 931 (Fla. 3d DCA 1983). For example, in Nguyen, we considered a situation where the injured party was burned on the insured premises while trying to start a truck engine by pouring gasoline in the carburetor. In that context, we held that “[t]he attempt…
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