After a Florida insurance company argued several policy exclusions in order to avoid a duty to defend an insured, the United States District Court of the Southern District of Florida denied the insurance company’s arguments and held that they had a duty to defend the insured.

The basis for this case arose from an aerial spraying of herbicide onto Florida Crystals Corporation’s (the insured), property and getting onto a neighbor’s, (Date Palm) property. The herbicide damaged the date palm trees on the property and Date Palm sued Florida Crystals and the herbicide company. Florida Crystal sought help for the defense in the case under their insurance policy, however, National Union Fire Insurance Company, denied coverage.
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