Accredited Bond Agencies, Inc. v. Gulf Ins. Co.
| Decision Date | 15 December 1977 |
| Docket Number | No. DD-332,DD-332 |
| Citation | 352 So.2d 1252 |
| Parties | ACCREDITED BOND AGENCIES, INC., a corporation, and Accredited Surety and Casualty Company, Inc., a corporation, Appellants, v. GULF INSURANCE COMPANY, a corporation, Appellee. |
| Court | Florida District Court of Appeals |
James L. Harrison of Harrison & Snyder, Jacksonville, for appellants.
Charles T. Boyd, Jr., of Boyd, Jenerette, Leemis & Staas, Jacksonville, for appellee.
The sole issue in this appeal is whether or not Gulf Insurance Company (Gulf) had a duty to defend an action sounding in tort instituted by the Smiths against Accredited Bond Agencies, Inc., (Accredited) and Herman Lee Duggs (Duggs).
Identification of the parties involved is necessary. Accredited issues bail bonds and in this endeavor utilizes local "agents". 1 Duggs operated a local bail bonding agency in Jacksonville, Florida, and issued a bond, underwritten by Accredited, on behalf of one of the Smiths. Personal liability coverage 2 was purchased by Accredited from Gulf; the policy specifying two locations in Orlando, Florida. The Smith suit against Accredited and Duggs alleged negligence on Accredited's part in employing and in continuing the employment of Duggs, and that Duggs, acting as Accredited's agent, committed an unwarranted and aggravated assault and battery upon one of the minor Smiths after wrongful entry into the Smith residence. It is the latter allegation that Accredited contends required Gulf to defend the Smith suit. Doubting its obligation to defend, Gulf initiated the instant declaratory action, alleging that no insurance coverage existed for the following reasons: 1) Accredited never contracted for nor paid any premium for coverage to Duggs nor for any damages that might be assessed against them arising out of any activities of Duggs; 2) the persons insured did not include Duggs nor any activities of Duggs that might occasion damages being assessed against Accredited; 3) the allegations contained in the complaint against Accredited and Duggs fell within the exclusions contained in the policy; and 4) Duggs was an independent contractor and thus Accredited was not responsible for the activities of Duggs.
In this non-jury trial, Gulf presented evidence reflecting that, pursuant to the provisions of the policy, it had no duty to defend the Smith suit against Accredited and Duggs. This evidence included Duggs' statement which reflected that he operated a bail bonding agency under the name of "Duggs' Bonding Agency"; that he was unincorporated, operated his business from his own office in Jacksonville, and was neither an officer, director nor stockholder of Accredited; and that his sole connection with Accredited was based upon its underwriting the bonds that he wrote.
In its final declaratory judgment, the trial court held that Duggs was an independent contractor, not an employee of Accredited, and that, therefore, the Gulf insurance policy issued to Accredited did not provide coverage for the facts set forth in the Smith complaint...
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