Buchwald v. Hartford Acc. & Indem. Co.
| Decision Date | 12 August 1975 |
| Docket Number | Nos. 74--1663,74--1664,s. 74--1663 |
| Court | Florida District Court of Appeals |
| Parties | Herbert BUCHWALD, Appellant, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY and Travelers Indemnity Company, both foreign companies authorized to do business in the State of Florida, Appellees. |
Pelzner & Schwedock, Miami, for appellant.
Walton, Lantaff, Schroeder, Carson & Wahl, and George W. Chesrow, Miami, for Hartford.
High, Stack, Davis & Lazenby and Alan R. Dakan, Miami, for Travelers, appellees.
Before PEARSON and HENDRY, JJ., and DREW, E. HARRIS (Ret.), Associate Judge.
These appeals are by the plaintiff, Herbert Buschwald, who brought a declaratory action against two insurance companies claiming that each owed him a duty to defend a suit which had been filed against him. Separate judgments denying Buchwald's claim were entered against him in favor of the two insurance companies, Hartford Accident and Indemnity Company and Travelers Indemnity Company. The plaintiff filed an appeal from each judgment and the appeals were consolidated for all appellate purposes.
The judgments were entered upon defendants' motions for summary judgment, the trial judge holding that each suit was barred by the rule stated in Consolidated Mutual Insurance Company v. Ivy Liquors, Inc., Fla.App.1966, 185 So.2d 187. 1
Appellant's principal argument is that the cited case is not applicable. We hold that it is. See also Tennessee Corporation v. Lamb Brothers Construction Company, Fla.App.1972, 265 So.2d 533 and C.A. Fielland, Inc. v. Fidelity & Casualty Company of New York, Fla.App.1974, 297 So.2d 122. But see St. Paul Fire and Marine Insurance Company v. Icard, Merrill, Cullis and Timm, Fla.App.1967, 196 So.2d 219. There being no allegation in the declaratory suit that the original plaintiff in the damage suit ever claimed damages for anything other than willful assault and battery, we conclude that the trial judge correctly determined that there was no issue to be tried and decided the cause according to the governing law.
Affirmed.
...
To continue reading
Request your trial
-
N.H. Indem. Co. v. Scott
...v. Miller, 550 So.2d 29 (Fla. 3d DCA 1989); Capoferri v. Allstate Ins., 322 So.2d 625 (Fla. 3d DCA 1975); Buchwald v. Hartford Acc. and Indem., 319 So.2d 164 (Fla. 3d DCA 1975); Grange Mutual Cas. v. Thomas, 301 So.2d 158 (Fla. 2d DCA 1974); Consolidated Mut. Ins. v. Ivy Liquors, 185 So.2d ......
-
Swartz v. McNabb
...180 (Fla.4th D.C.A. 1976); Capoferri v. Allstate Insurance Co., 322 So.2d 625 (Fla.3d D.C.A.1975); Buchwald v. Hartford Accident and Indemnity Co., 319 So.2d 164 (Fla.3d D.C.A.1975). In the instant case, the insured Donald Spreen committed an assault and battery upon William King. He reacte......
-
Hartford Fire Ins. Co. v. Spreen
...So.2d 180 (Fla.4th D.C.A.1976); Capoferri v. Allstate Insurance Co., 322 So.2d 625 (Fla.3d D.C.A.1975); Buchwald v. Hartford Accident and Indemnity Co., 319 So.2d 164 (Fla.3d D.C.A.1975). In the instant case, the insured Donald Spreen committed an assault and battery upon William King. He r......
-
Commercial Union Ins. Co. v. R.H. Barto Co., a Div. of Atlas Air Conditioning Corp., 81-1512
...So.2d 611 (Fla. 4th DCA 1982); Auto-Owners Insurance Co. v. Jones, 397 So.2d 317 (Fla. 4th DCA 1981); Buchwald v. Hartford Accident & Indemnity Co., 319 So.2d 164 (Fla. 3d DCA 1975). Even though some of the claims made by the third party are not within the coverage, the insuror has the duty......