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Aetna Cas. and Sur. Co. v. Griss

Supreme Court of Florida
Nov 9, 1990
568 So. 2d 903 (Fla. 1990)

Summary

following Marshall

Summary of this case from Prudential Property and Cas. v. Swindal

Opinion

No. 75195.

September 20, 1990. Rehearing Denied November 9, 1990.

Appeal from the Circuit Court for Dade County, Harold Solomon, J.

David R. Howland of the Law Offices of Howland Krieger, Coral Gables, for petitioner.

Andrew J. Anthony of the Law Offices of Andrew J. Anthony, P.A., Coral Gables, for respondent.


We review Griss v. Aetna Casualty Surety Co., 554 So.2d 556 (Fla. 3d DCA 1989), in which the district court certified the following question as one of great public importance:

[W]hether the use of deadly force in self-defense constitutes intentional conduct causing harm to another within the exclusion-from-coverage provision of a homeowner's insurance policy.
Id. at 557. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

We recently addressed this question in State Farm Fire Casualty Co. v. Marshall, 554 So.2d 504 (Fla. 1989), where we aligned ourselves with the majority of jurisdictions, holding that self-defense is not an exception to an insurance policy's intentional-acts exclusion.

Accordingly, we answer the certified question in the affirmative and quash the decision of the district court below.

It is so ordered.

SHAW, C.J., and OVERTON, McDONALD, EHRLICH, BARKETT, GRIMES and KOGAN, JJ., concur.


Summaries of

Aetna Cas. and Sur. Co. v. Griss

Supreme Court of Florida
Nov 9, 1990
568 So. 2d 903 (Fla. 1990)

following Marshall

Summary of this case from Prudential Property and Cas. v. Swindal
Case details for

Aetna Cas. and Sur. Co. v. Griss

Case Details

Full title:AETNA CASUALTY AND SURETY COMPANY, PETITIONER, v. JACK GRISS, RESPONDENT

Court:Supreme Court of Florida

Date published: Nov 9, 1990

Citations

568 So. 2d 903 (Fla. 1990)

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