Opinion
No. 89-1310.
December 5, 1989.
Appeal from the Circuit Court for Dade County, Harold Solomon, J.
Andrew J. Anthony, Coral Gables, and Daniel J. Lynott, for appellant.
Howland Krieger and Mark Freeman, for appellee.
Before BARKDULL, FERGUSON and COPE, JJ.
The dispositive question is whether 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. On the authority of Marshall v. State Farm Fire Casualty Co., 534 So.2d 776 (Fla. 4th DCA 1988), rev. granted, 544 So.2d 201 (Fla. 1989), we answer the question in the negative, and certify the question.
Marshall conflicts with Clemmons v. American States Ins. Co., 412 So.2d 906 (Fla. 5th DCA 1982).
Reversed and remanded.