New Amsterdam Cas. Co. v. Hart
| Decision Date | 21 December 1943 |
| Citation | 16 So.2d 118,153 Fla. 840 |
| Parties | NEW AMSTERDAM CASUALTY CO. v. HART. |
| Court | Florida Supreme Court |
Appeal from Circuit Court, Palm Beach County; Ross Williams, judge.
Shackleford Farrior & Shannon, of Tampa, and Warwick & Mooney, of West Palm Beach, for appellant.
Metcalf & Finch, of West Palm Beach, for appellee.
Alice L. Hart, a married woman, received bodily injuries as the result of the negligent operation of an automobile owned by Pearl R. Held. Suit was instituted by Mrs. Hart and her husband, C. E. Hart against the owner of the car to recover damages for injuries sustained. In the suit Mrs. Hart claimed damages for personal injuries, mental pain and suffering, and permanent physical impairment; her husband claimed damages for expenses incurred in treating his wife, and for loss of her services and consortium. Alice L. Hart recovered a judgment for $8000 for the bodily injuries inflicted. C. E. Hart, her husband recovered a separate judgment for $2500 for the consequential damages sustained as a result of the injury to his wife. See Hart et vir. v. Held, 149 Fla. 33, 5 So.2d 878.
At the time of the accident referred to Pearl R. Held maintained an automobile liability insurance policy on the motor vehicle in question issued by New Amsterdam Casualty Company. After the entry of the judgments in the case the insurance company on behalf of Pearl R. Held tendered to the attorneys for Mr. and Mrs. Hart the sum of $5000 and costs, as being the amount of its liability under its contract of insurance with the insured. This sum of money was received by the attorneys for the plaintiffs and accepted in settlement of the $8000 judgment in favor of Alice L. Hart.
After the settlement of Mrs. Hart's judgment, her husband caused an execution to be issued on his own separate judgment and placed it in the hands of the sheriff of Palm Beach County for satisfaction. The sheriff being unable to find property belonging to Pearl R. Held in Palm Beach County subject to execution returned the writ unsatisfied. C. E. Hart then brought suit against New Amsterdam Casualty Company, Pearl R. Held's insurer, to recover the amount owed by Pearl R. Held upon his judgment. The theory of the declaration is that under its contract of insurance with Pearl R. Held, New Amsterdam Casualty Company bound itself to pay to the insured such sums as she might become obligated to pay out (not to exceed $5000 in case of one, or $10,000 in case of two or more, persons) by reason of damage sustained by others as a result of the operation of her automobile; that the plaintiff, C. E. Hart, had sustained damage as the result of injury to his wife (by way of loss of her services and obligation to pay her medical expenses) for which he had recovered a judgment against Pearl R. Held; that the aggregate amount of the judgments recovered by him and his wife do not exceed $10,000; that the insurance company has refused to pay the amount of his judgment to Pearl R. Held, as it was obligated to do; that Pearl R. Held is without property, otherwise, to pay off and satisfy the judgment; that the contract of insurance with Pearl R. Held is a contract made for his benefit which he may enforce in his own name directly against the insurance carrier.
By way of defense to the cause of action the insurance company pleaded that under its policy of insurance the limit of its liability for injury resulting from the operation of the automobile was $5000, where only one person received bodily injury; that Hart did not receive bodily injury; that his judgment was for consequential damages only, suffered by him as a result of bodily injuries inflicted upon his wife; that the company paid to the attorneys for Mr. and Mrs. Hart the sum of $5000 for and on behalf of Pearl R. Held, which was the limit of its liability under its policy, and that the attorneys had accepted the same in satisfaction of the $8000 judgment recovered by Mrs. Hart; that having discharged their liability to Pearl R. Held in the manner pleaded, further recovery could not be had by Mr. Hart against the company.
Demurrer to the plea was sustained. The insurance company refusing to plead further, final judgment was eventually entered against it. This appeal is from the judgment.
No question is presented on this appeal as to the nature of the protection afforded by the contract. New Amsterdam Casualty Company concedes that under its policy consequential, as well as direct, damages are recoverable, provided all recoveries, whether for direct or consequential damages, do not exceed the limit of the company's liability under the policy. The sole question for determination, therefore, is as to the extent of the company's liability to its insured under the terms of the contract.
The policy in controversy is the type generally known as an automobile public liability and property damage policy. By the 'Bodily Injury Liability' feature appearing in the 'declarations' attached to the policy and made a part thereof the company limits its liability for payment in case of damages to person, or persons, caused by accident and arising out of the ownership, maintenance or use of the automobile insured to '$5000 each person, $10,000 each accident'. Pertinent provisions of the policy are:
'1. Coverage A--Bodily Injury Liability--To pay on behalf of the insured all sums which the insured shall become obligated to pay by reason of the liability imposed upon him by law for damages, including damages for care and loss of services, because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons, caused by accident and arising out of the ownership, maintenance or use of the automobile.
'2. Limits of Liability. (Coverage A) The...
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