Monday, December 10, 2001
Charles B. Higgins v. State Farm Fire & Casualty
no. 01-291 & 01-292
Palm Beach County
Higgins was sued by Cheryl Ingalls as a result of injuries she allegedly sustained
during an argument between Higgins and his wife Maureen. In the subsequent lawsuit
Higgins' insurer, State Farm, filed for a declaratory judgment on grounds that
it was not obligated to cover his intentional wrongful acts. The trial court ordered
a separate trial on State Farm's obligations before the trial on Ingall's lawsuit.
Higgins and Ingalls contended this was improper, but on appeal the Fourth District
agreed with the trial judge.