Continental Cas. Co. v. Florida Power & Light Co.
| Citation | 222 So.2d 58 |
| Decision Date | 22 April 1969 |
| Docket Number | No. 68--636,68--636 |
| Parties | CONTINENTAL CASUALTY COMPANY, an Illinois corporation, Appellant, v. FLORIDA POWER & LIGHT COMPANY, a Florida corporation, Appellee. |
| Court | Court of Appeal of Florida (US) |
Knight, Underwood, Peters, Hoeveler & Pickle, Miami, for appellant.
Mershon, Sawyer, Johnston, Dunwody & Cole, and George W. Wright, Jr., Miami, for appellee.
Before CHARLES CARROLL, C.J., and PEARSON and HENDRY, JJ.
The defendant, Continental Casualty Company, appeals a summary final judgment for its insured, Florida Power & Light Company, in an action brought by the appellee to recover the expenses it incurred in defending an action brought against it by a third party. Each party moved for summary judgment. The facts concerning the expenses and their reasonableness are not controverted, nor is the fact that Continental agreed to defend a suit against Florida Power & Light Company if the suit involved the risk insured.
The first question presented is whether the trial judge correctly determined that Continental was contractually bound to defend Florida Power & Light in the action brought by the third party. Continental urges that the policy it issued to appellee did not cover harm caused by Florida Power & Light's negligence; that the complaint filed by the third party alleged only the negligence of Florida Power & Light; and that therefore Continental had no contractual duty to defend Florida Power & Light. The policy involved provides bodily injury liability and property damage liability coverage for 'operations performed for the named insured by independent contractors and general supervision thereof by the named insured, if the accident occurs in the course of such operations. * * * ' The policy also provides that the 'policy does not apply' under the foregoing provision 'to any act or omission of the named insured or any of his employees, other than general supervision of work performed for the named insured by independent contractors.'
The action against Florida Power & Light which Continental refused to defend was brought by an employee of an independent contractor. The employee charged Florida Power & Light with failing to have its lines in such a condition that they could be safely worked upon at the time and place he was injured. Among other specific allegations were the following: Florida Power & Light (1) negligently failed to provide the employee...
To continue reading
Request your trial
-
Israelsky v. Title Ins. Co.
...grief, sealed the breach and redeemed its wrong by taking up the cudgels of the action"]; Continental Casualty Co. v. Florida Power and Light Co. (1969 Fla.App. D3) 222 So.2d 58, 59, cert. den. (Fla.) 229 So.2d 867; Moffat v. Metropolitan Casualty Insurance Co. of New York (M.D.Pa.1964) 238......
-
Dutton-Lainson Co. v. Continental Ins. Co.
...duty accrues for purposes of the statute of limitations when the final judgment is entered. See, also, Continental Casualty Co. v. Florida Power & Light Co., 222 So.2d 58 (Fla.App.1969) (cause of action for breach of duty to defend accrued when third-party litigation ended rather than earli......
-
Vigilant Insurance Company v. Luppino
...See, e.g., Israelsky v. Title Ins. Co. of Minnesota, 212 Cal.App.3d 611, 261 Cal.Rptr. 72 (1989); Continental Casualty Co. v. Florida Power & Light Co., 222 So.2d 58 (Fla.App.), cert denied, 229 So.2d 867 (1969); Sandbulte v. Farm Bureau Mut. Ins. Co., 343 N.W.2d 457 (Iowa 1984); Home Savin......
-
Mims Crane Service, Inc. v. Insley Mfg. Corp.
...third party plaintiff has ended or the liability, if any, has been settled or discharged by payment. Continental Casualty Co. v. Florida Power & Light Co., Fla.App.1969, 222 So.2d 58; Terteling v. United States, U.S.Ct.Cl.1964, 334 F.2d 250; Northwest Airlines, Inc. v. Glenn L. Martin Compa......