PERRINE FOOD RETAILERS, INC., Appellant,
v.
ODYSSEY RE (LONDON) LIMITED, f/k/а Sphere Drake Insurance PLC, Appellee.
District Court of Appeal of Florida, Third District.
*403 Eddy O. Marban, Miami, for appellant.
O'Connor & Meyers, P.A. and David R. Cassetty, for appellee.
Before COPE, GREEN and SORONDO, JJ.
GREEN, Judge.
Appellant, Perrine Food Retailers, Inc. ("Perrine Food") appeals a final summary judgment declaring that appеllee, Odyssey Re (London) Limited f/k/a Sphere Drake Insurance PLC ("carrier") had no duty to defend or indemnify Perrine Food in an action brought by a business invitee based upon a policy exclusion. We affirm.
Perrine Food is the owner/operator of a supermаrket and the shopping center in which the supermarket is located. Perrine Food was sued by one Henry Suarez for personal injuries he allegedly sustained at the hands of unknown third parties during the course of a robbery.[1] Mr. Suarez's suit was based upon various theories of negligence by Perrine Food, namely, the failure to provide security and/or adequate security, train and/or adequately train security personnel; to manаge and control its premises; and failure to provide adequate lighting. At the time of Suаrez's alleged attack, Perrine Food had a policy of general liability insurance with the appellee carrier. After Perrine Food was sued, it sought a defense and coverage from its carrier. The carrier denied any duty to defend and denied coverage based upon the "assault and battery" exclusion contained in the policy which provides in relevant part that:
Notwithstanding anything contained to the contrary, it is understood and agreed that this policy excluded [sic] claims arising out of:
1 Assault and Battery, whether caused by or at the instructions of, or at the direction of or negligence of the insured, his employees, patrons or any causes whatsoever ... (emphasis added)
Based upon this exclusion, the lower court granted final summary judgment in the carrier's favor in the declaratory relief and breach of contract action below. Perrine Food asserts that this was errоr because the exclusion does not specifically exclude coverаge when the assault and battery occurs by unknown third parties. We disagree.
An unambiguous provision in a contract of insurance does not require construction, and must be given еffect as written. See Midwest Mut. Ins. Co. v. Santiesteban,
For these reasons, we conclude that the trial court correctly entered summary judgment in the carrier's favor.
Affirmed.
NOTES
Notes
[1] The Suarez suit alleged in pertinent part that:
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6. On or about March 10, 1995 at apprоximately 10:00 P.M., the Defendant PERRINE FOOD RETAILERS CORP. d/b/a FOOD CITY SUPERMARKET owned, operated, maintained, managed, and/or controlled the premises at or about 119th Street and N.W. 12th Avenue, Miami, Dade County.
7. At that time аnd place, the Plaintiff HENRY SUAREZ was on or about the premises of FOOD CITY SUPERMARKET and was a business invitee of FOOD CITY SUPERMARKET at the above said location.
8. At that time and place, and while Plaintiff was on thе premises and within the entrance area thereof, Plaintiff HENRY SUAREZ was attacked, assaulted and robbed by assailants, one of whom wielded a knife slashing the Plaintiff across the fаce causing severe laceration and bodily injury to the Plaintiff in and about his body and extremities.
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