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Final Summary Judgment of No Coverage Due to Intentional Act Exclusion in Homeowners’ Policy

Caryn Bellus and Bretton Albrecht, of our Miami office, obtained a final summary declaratory judgment of no coverage based on the intentional act exclusion in a homeowners’ policy. The insured sought coverage and a defense after he was sued based on allegations that he followed his ex-girlfriend to a shopping center parking lot, where he shot and killed her in broad daylight. Plaintiff in the underlying wrongful death lawsuit attempted to plead around the intentional act exclusion in the insured Defendant’s homeowners’ policy by incorporating allegations of negligence and a count for conversion of the decedent’s personal property. However, Caryn and Bretton argued that “creative” pleading such as this could not alter the fundamental fact that the acts alleged were clearly and indisputably intentional. The trial court agreed and entered final summary judgment of no coverage in the declaratory judgment action they brought on behalf of the insurer.

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