Town & Beach Plumbing Co. v. American Fire & Cas. Co., 63-209
| Decision Date | 19 November 1963 |
| Docket Number | No. 63-209,63-209 |
| Citation | 157 So.2d 700 |
| Parties | TOWN AND BEACH PLUMBING CO., Inc., a Florida corporation, Appellant, v. AMERICAN FIRE AND CASUALTY COMPANY, a Florida corporation, Appellee. |
| Court | Florida District Court of Appeals |
Blackwell, Walker & Gray and Melvin T. Boyd, Miami, for appellant.
Dean, Adams & Fischer and Robert M. Sturrup, Miami, for appellee.
Before CARROLL, TILLMAN PEARSON and HENDRY, JJ.
This is an appeal by the plaintiff from an adverse judgment rendered after a nonjury trial in a law action. The insured under a property damage liability indemnity policy sought recovery for breach of contract by the insurer through alleged improper denial of coverage. A third party, for whom plaintiff performed services, had sued plaintiff claiming damages to its property through negligence and breach of warranty. In that suit the insurer denied coverage on the warranty claim, whereupon the insured employed counsel. The insurer supplied counsel to defend the other part of the case or claim on which it had not renounced coverage, and its attorneys actually defended the entire case, in which judgment was entered in favor of the defendant, the plaintiff in the instant case. Later, while the judgment remained subject to possible reversal on appeal, the insured settled the warranty claim and brought the present action against the insurer, for the amount paid in settlement and for attorney fees.
Additional facts and the trial court's findings and disposition of the case are set out in the judgment, viz.:
'The Court finds from the evidence that (1) defendant's letter of July 29, 1959 was a denial of coverage under the policy for breach of warranty or breach of contract, thereby permitting plaintiff to retain attorneys to represent it; (2) notwithstanding said letter, defendant did, in fact, continue to defend plaintiff in the law suit in question, and obtained an order of dismissal,...
To continue reading
Request your trial
-
Baron Oil Co. v. Nationwide Mut. Fire Ins. Co., AR-437
...the suit and shall not include the amount of the judgment obtained by Jones against Baron. See, Town and Beach Plumbing Co. v. American Fire & Casualty Co., 157 So.2d 700 (Fla. 3d DCA 1963); C.A. Fielland, Inc. v. Fidelity & Casualty Co. of New York, 297 So.2d REVERSED and REMANDED. SHIVERS......
-
Tampa Electric Co. v. Stone & Webster Engineering Corp.
...claims. See St. Paul Fire & Marine Insurance Co. v. Hodor, 200 So.2d 205 (3 D.C.A. Fla.1967); Town and Beach Plumbing Co. v. American Fire & Casualty Co., 157 So.2d 700 (2 D.C.A.Fla.1963). Whether there is another insurance company involved which should also be responsible for all defense c......
-
Seitlin & Co. v. Phoenix Ins. Co.
...Schandler was entitled to recover attorney's fees and costs reasonably paid or incurred. See Town & Beach Plumbing Co. v. American Fire & Casualty Co., 157 So.2d 700, 701 (Fla. 3d DCA 1963); see also Preuss v. United States Fire Ins. Co., 414 So.2d 249, 250 (Fla. 4th DCA), review denied, 42......
-
Garden Sanctuary, Inc. v. Insurance Co. of North America, 73-180
...of St. Paul Fire & Marine Insurance Co. v. Hodor, Fla.App.3d, 1967, 200 So.2d 205, and Town and Beach Plumbing Co. v. American Fire and Casualty Company, Fla.App.3d, 1963, 157 So.2d 700. The language of the insurance policy does nothing to strengthen appellee's position because it provides ......