Helton v. Phoenix Insurance Co.

Decision Date07 April 1976
Docket NumberNo. 46111,46111
Citation330 So.2d 724
PartiesHenry Eugene HELTON, Petitioner, v. PHOENIX INSURANCE COMPANY, Respondent.
CourtFlorida Supreme Court

Writ of Certiorari to the District Court of Appeal, First District, 298 So.2d 177.

Charles L. Cetti of Phillips, Williams, McGraw, Cetti & Hall, Pensacola, for petitioner.

Robert P. Gaines of Beggs, Lane, Daniel, Gaines & Davis, Pensacola, for respondent.

PER CURIAM.

We tentatively granted jurisdiction in this case on the basis of an apparent conflict of appellate court decisions, under Article V, Section 3(b)(3) of the Florida Constitution. Oral argument having been waived and the matter having been fully considered on the parties' briefs, we now find that the writ was improvidently issued and should be, accordingly, discharged.

OVERTON, C.J., and ROBERTS, ENGLAND, SUNDBERG and HATCHETT, JJ., concur.

ADKINS and BOYD, JJ., dissent.

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6 cases
  • Lincoln Ins. Co. v. Home Emergency Services, Inc.
    • United States
    • Florida District Court of Appeals
    • 17 Enero 2001
    ...judicial construction of insurance contracts."); Phoenix Ins. Co. v. Helton, 298 So.2d 177 (Fla. 1st DCA 1974), cert. discharged, 330 So.2d 724 (Fla.1976); Cloud v. Shelby Mutual Ins. Co., 248 So.2d 217 (Fla. 3d DCA 1971); see also Logozzo v. Kent Ins. Co., 464 So.2d 605 (Fla. 3d DCA 1985);......
  • Allstate Ins. Co. v. Travers
    • United States
    • U.S. District Court — Northern District of Florida
    • 22 Julio 1988
    ...Gulf Life Ins. Co. v. Nash, 97 So.2d 4 (Fla.1957); Phoenix Ins. Co. v. Helton, 298 So.2d 177 (1st DCA 1974), writ discharged, 330 So.2d 724 (Fla.1976); Cloud v. Shelby Mutual Ins. Co., 248 So. 2d 217 (Fla. 2d DCA 1971). Under this rule, the insured's subjective intent to cause the result mu......
  • United Services Auto. Ass'n v. Selz
    • United States
    • Florida District Court of Appeals
    • 25 Mayo 1994
    ...that intentional injury exclusion applies where insured acts with specific intent "to cause harm" to third party), cert. discharged, 330 So.2d 724 (Fla.1976). Pursuant to the foregoing analysis, it was improper for the trial court to collaterally estop appellant's declaratory action based u......
  • Roberts v. Carter
    • United States
    • Florida Supreme Court
    • 15 Septiembre 1977
    ...in Wilder and Daleo, as was noted in Phoenix Insurance Co. v. Helton, 298 So.2d 177 (Fla. 1st DCA 1974), cert. discharged, 330 So.2d 724 (Fla. 1976). To eliminate any remaining confusion, we now reaffirm Wilder and hold that an award of attorney's fees under Section 627.428(1) is available ......
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1 books & journal articles
  • The intentional acts exclusion.
    • United States
    • Florida Bar Journal Vol. 71 No. 5, May - May 1997
    • 1 Mayo 1997
    ...the intent to push the first car out of the way); Phoenix Ins. Co. v. Helton, 298 So. 2d 177 (Fla. 1st D.C.A. 1974), cert. discharged, 330 So. 2d 724 (Fla. 1976) (no intent to harm where the insured intentionally drove his car into a crowd of people in order to reach his (9) See also State ......

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