[Download] "Firemans Fund Insurance Company v. Ralph F. Vogel and Ethel B. Vogel" by Second District Court of Appeal of Florida # eBook PDF Kindle ePub Free

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eBook details

• Title: Firemans Fund Insurance Company v. Ralph F. Vogel and Ethel B. Vogel
• Author : Second District Court of Appeal of Florida
• Release Date : January 08, 1967
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 74 KB

Description

It appears that in May of 1959 plaintiffs suffered injury in an automobile collision with one John L. Doyle. Plaintiffs retained defendant attorney to represent them and to file suit against Doyle. Doyle died on July 5, 1961, but defendant failed to file a claim on behalf of plaintiffs against Doyles estate within the statutory period. He filed suit on plaintiffs behalf in May of 1962, but this suit was dismissed with prejudice on July 16, 1962 for failure to file a claim against Doyles estate. Plaintiffs thereafter secured the services of another attorney who ultimately filed a malpractice suit against defendant. Plaintiffs secured a final judgment against defendant in that suit and brought garnishment proceedings against appellant insurance company, who was defendants malpractice insurance carrier. Appellant answered that it was not liable as defendant had breached the terms of his insurance contract. The trial judge entered final summary judgment finding that the loss sustained by defendant in the malpractice suit was covered by his insurance policy with appellant company and that the conduct of appellants agents constituted a waiver by appellant to deny coverage "* * * in the event that its insured committed a breach of the terms of said insurance policy * * *." The trial judge made no determination as to whether defendant breached the terms of the policy.

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