refer to Legionella bacteria as "contaminants” of shower and spa water. (Doc. 44 at 4-5, 9-12). 4 . The Parties do not dispute that the guest room showers fall within the Fungi or Bacteria Exclusion because the showers are “contents” of the building. However, the Named Insureds argue that because the spa tub is outside the building it cannot be considered "contents” of the building. Although undisputed evidence beyond the complaints in the Cooper and Walker Suits shows that the spa tub is located in the courtyard of the Quality Suites, (Doc. 47-3; Doc. 58-1 at 1-2), only the complaints themselves may be considered in determining whether Westport has a duty to defend. Baron Oil, 470 So.2d at 813; see also Kings Point W., Inc. v. N. River Ins. Co., 412 So.2d 379, 380 (Fla. 2d DCA 1982) (<HOLDING>). But, because the underlying complaints do not
holding that the trial court erred in looking beyond the allegations of the complaint to determine whether a duty to defend arose holding that an insurers duty to defend arises from the allegations in the complaint against the insured holding insurers duty to defend is determined by allegations in the petition holding despite authority for the general proposition that the duty to defend is determined based on the allegations of the complaint that an insurer had no duty to defend where the underlying claim was covered by the policy based on the facts pleaded in complaint but other facts not appearing in the complaint excluded coverage holding that attorneys fees can be awarded only from time duty to defend arose