ACTION ELECTRIC COMPANY AND THE TRAVELERS INSURANCE COMPANY, PETITIONERS,

v.

ARTHUR J. NELSON ET AL., RESPONDENTS

Citator

Cited By

• Higgins v. State Farm Fire & Cas. Co., 894 So. 2d 5 (Fla. 2004)
  …r must defend its insured “at least until such time as the covered portions of the claim have been eliminated from the suit.”[n.] [n.] C.A. Fielland, Inc. v. Fidelity & Casualty Co. of New York, 297 So. 2d 122, 127 (Fla. 2d DCA 1974), cert. denied, 309 So. 2d 6 (Fla.1975). Conde “purchased” not only an indemnity contract but also a contract to defend him from all claims — even fraudulent — covered by the policy. So long as the negligence count remains against him, the insurer must defend him. If, however,…
• Fed. Ins. Co. v. Allan H. Applestein & the Allan H. Applestein Found. Tr. & Robert Mackin, 377 So. 2d 229 (Fla. 3d DCA 1979)
  …mplaint remains the basis for Mackin’s claims against the defendants, there is no basis here for the application of the rule stated in C. A. Fielland, Inc. v. Fidelity & Casualty Co. of New York, 297 So. 2d 122, 127 (Fla. 2d DCA 1974), cert. denied, 309 So. 2d 6 (Fla.1975), and cases cited, that a duty to defend may arise if claims for which coverage is provided are asserted by the plaintiff subsequent to and beyond the scope of the issues framed by his initial pleadings. National Union Fire Ins. Co. v. Len…
• Allstate Ins. Co. v. Conde, 595 So. 2d 1005 (Fla. 5th DCA 1992)
  …en no formal ceremony, Conde and Montero lived as husband and wife and the children of Ms. Montero considered Conde as their father. . C.A. Fielland, Inc. v. Fidelity & Casualty Co. of New York, 297 So. 2d 122, 127 (Fla. 2d DCA 1974), Cert. denied, 309 So. 2d 6 (Fla.1975). Conde “purchased" not only an indemnity contract but also a contract to defend him from all claims — even fraudulent — covered by the policy. So long as the negligence count remains against him, the insurer must defend him. If, however,…