Marina Del Americana, Inc. v. Miller, 75--312
| Decision Date | 02 April 1976 |
| Docket Number | No. 75--312,75--312 |
| Citation | 330 So.2d 164 |
| Parties | MARINA DEL AMERICAN, INC., and Aetna Insurance Company, Appellants, v. Dawn Susan MILLER, etc., et al., Appellees. |
| Court | Florida District Court of Appeals |
Nancy Little Hoffmann, of Druck, Grimmett, Norman & Weaver, Fort Lauderdale, for appellants.
Edna L. Caruso of Howell, Kirby, Montgomery, D'Aiuto & Dean, West Palm Beach, for appellees-Leo Goodwin, Jr. and Employers Commercial Union.
Appellants, Marina Del Americana, Inc., and its insurer, Aetna Insurance Company, appeal from an adverse final judgment on their cross-claim for indemnification against appellees, Leo Goodwin, Jr., and his insurer, Employers Commercial Union Insurance Company.
All of the above-named parties were originally defendants in a wrongful death action which resulted in a $200,000 judgment against them. The wrongful death was caused by the negligence of Leo Goodwin, Jr. while operating a boat owned by his employer, Marina Del Americana, Inc., in the course and scope of his employment. At the pleading stage, the employer, Marina Del Americana, Inc., and its insurer, Aetna Insurance Company, had cross-claimed for indemnification against the employee, Leo Goodwin, Jr., and his howeowner's insurer, Employers Commercial Union Insurance Company. It is the trial of this cross-claim, tried separately from the main action, which resulted in the judgment here appealed.
The sole issue before this court is whether Aetna's policy, issued to Marina as the named insured and covering the accident, also insured Goodwin. If Goodwin was an insured under that policy, Aetna is barred from seeking indemnification from him. Ray v. Earl, 277 So.2d 73 (2nd D.C.A. Fla.1973); Smith v. Ryan, 142 So.2d 139 (2nd D.C.A. Fla.1962). The trial court by denying the claim for indemnification apparently determined that Goodwin was insured by Aetna. We disagree.
Marina purchased two policies from Aetna. The first, designated 'Special Multi-Peril Policy,' did not cover, but, in fact, specifically excluded, the type of liability involved in the instant suit. Under the express terms of that policy (a section defining 'Persons Insured'), there is no question but that Leo Goodwin, Jr. was an 'insured.' Marina's second Aetna policy, designated 'Scheduled Property Floater Policy,' Did cover the accident in question; however, that policy, unlike the first, contained no clause specifically defining 'Persons Insured,' nor did it contain any clause broadening its coverage to include persons other than the named insured, stated...
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