Skroh v. Travelers Ins. Co., L--41
| Decision Date | 28 October 1969 |
| Docket Number | No. L--41,L--41 |
| Citation | 227 So.2d 328 |
| Parties | George Anthony SKROH, as administrator of the Estate of Anthony George Skroh, deceased, Appellant, v. The TRAVELERS INSURANCE COMPANY, a corporation, and Allstate Insurance Company, a corporation, Appellees. |
| Court | Florida District Court of Appeals |
Lefferts L. Mabie, Jr., of Levin, Askew, Warfield, Graff & Mabie, Pensacola, for appellant.
Frank C. Bozeman, of Harrell, Caro, Middlebrooks & Wiltshire, Beggs, Lane Daniel, Gaines & Davis, Pensacola, for appellees.
The appellant herein was plaintiff below and in his capacity as administrator of the estate of his deceased son, who was killed in an automobile accident, obtained a judgment in the sum of $11,250, against a Mr. Newby, the insured.
The appellant, as father of his deceased son, had also brought a damage suit, as such father under Chapter 768, Florida Statutes, F.S.A. against the said Mr. Newby, the insured, resulting in a judgment in the sum of $20,000. The two cases were consolidated for trial in the lower court, but resulted in two separate judgments as pointed out supra.
The appellees had each insured Mr. Newby with similar policy provisions and limitations of $10,000 for each person.
After the judgments were obtained as pointed out supra, The Travelers and Allstate paid the $20,000.00 judgment in full and all costs of both suits, each company paying $10,000, plus their respective shares of the costs.
Thereafter the action sub judice was instituted by the appellant in a garnishment proceeding against the two insurance companies involved.
Each insurance company filed answers setting forth basically the same defense, namely, that said company had paid out the limit of its liability to 'each person' injured in the accident in question, and praying the court to discharge them from further liability under the said writ of garnishment. The plaintiff-appellant, filed replies to the answers of the insurance company garnishees, setting forth the contention that the policies provided that each company was obligated to pay up to a limit of $10,000 for each person injured and that Anthony George Skroh (the deceased son) was injured in said accident from which injuries he died, and that the primary obligation under said policies was to pay the claim of the person injured and from which death resulted. Said answers further stated that the payment of the other judgment to the father was not in satisfaction of the judgment for injury to...
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