INSURANCE COMPANY OF NORTH AMERICA, APPELLANT,
v.
HMY YACHT SALES, INC., AND THE LAST DETAIL INC. OF PALM BEACH, APPELLEES
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The court reversed summary judgments against an insurance company and vacated attorney's fees awards, finding genuine factual disputes regarding defendants' liability for a vessel fire and determining the negligence claim had sufficient merit.
Summary judgments for defendants and awards of attorney's fees must be reversed because genuine issues of material fact exist regarding defendants' liability for the fire that destroyed the vessel.
[1] A negligence claim alleging more than mere negligent selection of a contractor has sufficient merit to defeat an attorney's fees award under section 57.105, Florida Statu…
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Join FLexlaw to unlock all legal intelligenceInsurance Company of North America sued HMY Yacht Sales, Inc. and The Last Detail Inc. of Palm Beach for damages resulting from a fire that destroyed …
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SHEVIN, Judge.
We reverse the summary judgments entered in favor of defendants HMY Yacht Sales, Inc., and The Last Detail Inc. of Palm Beach. There are genuine unresolved issues of fact as to defendants’ liability for the fire that resulted in the destruction of the vessel. See Holl v. Talcott, 191 So. 2d 40 (Fla.1966); Meeks v. Florida Power & Light Co., 816 So. 2d 1125, 1129-30 (Fla. 5th DCA 2002), review granted, No. SC02-1033, 837 So. 2d 408 (Fla. Feb. 12, 2003); Birwelco-Montenay, Inc. v. Infilco Degremont, Inc., 827 So. 2d 255 (Fla. 3d DCA 2001); Bitz v. Ed Knox CLU & Assoc., 721 So. 2d 823 (Fla. 3d DCA 1998); Marine Office-Appleton & Cox Corp. v. Aqua Dynamics, Inc., 295 So. 2d 370 (Fla. 3d DCA 1974); Pegg v. Bertram, 176 So. 2d 918 (Fla. 3d DCA 1965).
In addition, we reverse the attorney’s fees awarded under sections 57.041 and 768.79, Florida Statutes (2001), as the basis for the award has been reversed. See Key v. Angrand, 638 So. 2d 628 (Fla. 3d DCA 1994). As to the section 57.105, Florida Statutes (2001), fees awarded to HMY, we reverse the award as the negligence count was not completely lacking in merit. Plaintiff Insurance Company of North America’s negligence count against HMY does allege more than mere negligent selection of the cleaning company. See Read v. Taylor, 832 So. 2d 219 (Fla. 4th DCA 2002). On remand, INA shall be given leave to amend the complaint so that it clearly comports with its assertions as to defendants’ alleged negligence in failing to turn off the light before leaving the vessel.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)
- Read v. Taylor, 832 So. 2d 219 (Fla. 4th DCA 2002)
- Marine Office-Appleton & COX Corp. v. Aqua Dynamics, Inc., 295 So. 2d 370 (Fla. 3d DCA 1974)
- Lenett v. World Vacation Travel, 827 So. 2d 255 (Fla. 3d DCA 2001)
- Meeks v. Fla. Power & Light Co., 816 So. 2d 1125 (Fla. 5th DCA 2002)
- Pegg v. Bertram, 176 So. 2d 918 (Fla. 3d DCA 1965)
- Concrete Structures, Inc. v. SPC Holdings, Inc., 638 So. 2d 628 (Fla. 3d DCA 1994)
- Michael KEY, D.O. v. Angrand, 638 So. 2d 628 (Fla. 3d DCA 1994)
- Sheen v. Smith Barney, Inc., 721 So. 2d 823 (Fla. 4th DCA 1998)
- Bitz v. ED Knox CLU & Assocs., P.A., 721 So. 2d 823 (Fla. 3d DCA 1998)