Chicago Ins. Co. v. Argonaut Ins. Co.
| Decision Date | 07 March 1984 |
| Docket Number | Nos. 82-502,82-693 and 82-751,s. 82-502 |
| Parties | CHICAGO INSURANCE COMPANY, Appellant/Cross Appellee, v. ARGONAUT INSURANCE COMPANY, etc., et al., Appellees/Cross Appellants. MAY PLUMBING COMPANY, Northern Assurance Company of America and Commercial Union Insurance Company, Appellants/Cross Appellees, v. ARGONAUT INSURANCE COMPANY, et al., Appellees/Cross Appellants. CHICAGO INSURANCE COMPANY, Appellant, v. ARGONAUT INSURANCE COMPANY, etc., et al., Appellees. |
| Court | Florida District Court of Appeals |
Richard S. Womble of Fertig & Curtis, P.A., Fort Lauderdale, for appellant/cross appellee, Chicago Insurance.
Robert M. Klein of Stephens, Lynn, Chernay & Klein, P.A., Miami, for appellants/cross appellees, May, Northern and Commercial.
Thomas D. Lardin of Weaver, Weaver & Lardin, P.A., Fort Lauderdale, for appellees/cross appellants, Argonaut Insurance.
This case arises out of a fire at the Colony Club Apartments for which the owner's Insurance Company paid $249,360.51 for the loss. Thereafter the Insurance Company filed the instant subrogation action against appellants May Plumbing, claiming the fire had been caused by the negligence of an employee of the Plumbing Company. Judgment was entered for the Insurance Company in the amount of $187,020.38 after a reduction for 25% comparative negligence charged against the owner. The trial court awarded prejudgment interest. We find error only as to this award of interest.
The comparative negligence factor made any award of damages uncertain and therefore unliquidated. We are persuaded by the case McCoy v. Rudd, 367 So.2d 1080 (Fla. 1st DCA 1979), in which the owner of some buildings sued the parents of a boy who caused the fire. The court disallowed the interest awarded by the trial court saying:
Where the judgment is for damages, interest may not be added to the principal award unless there can be a conclusive determination of an exact amount due and a date from which interest can be computed. See Bryan and Sons Corp. v. Klefstad, 265 So.2d 382, 385 (Fla. 4th DCA 1972). There was a dispute between the parties hereto not only as to fault but also as to the amount of appellees' loss. This dispute was settled only by the jury. Assuming that the appellant, McCoy, was negligent from the outset of the dispute there was no way that he could have reasonably known with any degree of certainty or definiteness how much he owed the...
To continue reading
Request your trial
-
Argonaut Ins. Co. v. May Plumbing Co.
...Justice. This cause is before the Court because the decision of the district court of appeal in Chicago Insurance Co. v. Argonaut Insurance Co., 451 So.2d 876 (Fla. 4th DCA 1984), directly and expressly conflicts with the decision of another district court of appeal. Bergen Brunswig Corpora......
-
May Plumbing Co. v. Argonaut Ins. Co.
...Commercial Union Insurance Company v. Argonaut Insurance Company NO. 65784 Supreme Court of Florida. SEP 06, 1984 Appeal From: 4th DCA 451 So.2d 876 Pet. for rev. ...
-
Prejudgment and postjudgment interest: what's in a name?
...Whether a party can recover postverdict interest, however, is uncertain. Argonaut and its Progeny Chicago Ins. Co. v. Argonaut Ins. Co., 451 So. 2d 876 (Fla. 4th DCA 1984), addressed the propriety of an award of prejudgment interest in a subrogation action. There, the Fourth District revers......