Spaulding v. Florida Gas Co.
| Decision Date | 24 June 1971 |
| Docket Number | No. P-105,P-105 |
| Parties | Charlotte A. SPAULDING, a widow, individually, and as administratrix and personal representative of Harry A. Spaulding, deceased, Plaintiff, v. FLORIDA GAS COMPANY et al., Defendants. |
| Court | Florida District Court of Appeals |
A. M. Crabtree, Jr., Jacksonville, for plaintiff.
Geoffrey B. Dobson, Tallahassee, Howell, Kirby, Montgomery, D'Aiuto, Dean & Hallowes, Boyd, Jenerette, Leemis & Staas, and George Stelljes, Jr., Jacksonville, for defendants.
Facts and interlocutory issues previously considered in this cause on appellate review are detailed in Florida Gas Company v. Spaulding, 243 So.2d 129 (Fla.1971), wherein the Supreme Court quashed the opinion of this Court in Florida Gas Company v. Spaulding, 226 So.2d 115 (Fla.App.1st 1969). In the case sub judice the Circuit Court of Duval County, Florida, pursuant to Florida Appellate Rule has certified the following two questions to this Court for our consideration:
1. Has the Department of Transportation, by incorporation of the foregoing provisions for indemnity in its standard specifications, waived for itself and its employees its governmental immunity from suit pursuant to Section 455.06, Florida Statutes, F.S.A., where the contractor's liability for indemnification is covered by a policy of insurance issued to the contractor?
2. If the answer to the above is in the affirmative, do any of the foregoing indemnity provisions imposed upon the contractor by the standard specifications have the effect of indemnifying the Department of Transportation and its employees for their own negligence?
We turn to the first question. Section 455.06(1) authorizes public officers to secure and provide for insurance to cover liability for damages on account of bodily or personal injuries and pay the premiums from any general funds appropriated. Subsection (2) clearly limits the waiver of sovereign immunity as follows: 'In consideration of the premium (paid) At which such insurance may be written * * * that the Insurer shall not be entitled to the benefit of the defense of governmental immunity. * * *' The instant indemnity agreement is a minor provision of a contract concerned with the singular purpose of constructing a road. A public officer did not secure a policy of liability insurance; did not pay a premium for same; nor was an insurance contract issued to the State agency. As stated by the Supreme Court in Spangler v. Florida State...
To continue reading
Request your trial
-
United Gas Pipeline Co. v. Gulf Power Co.
...(4 Fla.App.1974); and Armor Elevator Co., Inc. v. Elevator Sales & Service, Inc., 309 So.2d 44 (3 Fla.App.1975).7 cf. Spaulding v. Florida Gas Company, 249 So.2d 695 (1 Fla.App.1971).8 Liberty Mutual Insurance Co. v. Curtiss, 327 So.2d 82 (1 Fla.App.1976).9 Sunspan Eng. & Const. Co. v. Spri......
-
Viehbeck v. Hausheer, 71-657
...by the Supreme Court in Schwob Company v. Florida Industrial Commission, 152 Fla. 203, 11 So.2d 782. See also Spaulding v. Fla. Gas Co., Fla.App.1971, 249 So.2d 695 [opinion filed First District June 24, ...
-
State v. Brooks, 72--197
...therefore, respectfully declines to answer the question as certified. 1 CROSS, OWEN and MAGER, JJ., concur. 1 Spaulding v. Florida Gas Co., 249 So.2d 695 (Fla.App.1971); Pridgeon v. Folsom, 174 So.2d 619 ...
-
Bowman v. Employers Mutual Liability Insurance Company of Wisconsin, 71-88
... ... EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, Appellee ... No. 71-88 ... District Court of Appeal of Florida, Second District ... June 25, 1971 ... Appeal from the Circuit Court for Hillsborough County; John G. Hodges, Judge ... ...