PEGGY DOANE, PETITIONER,

v.

CITY OF WEST PALM BEACH, FLORIDA, RESPONDENT

Citator

Cited By (13 total)

• Boston OLD Colony Ins. Co. v. Gutierrez, 386 So. 2d 783 (Fla. 1980)
  …settles, the plaintiff will receive no more than the policy limits, but if it does not, the plaintiff may end up with both the policy limits and an excess judgment. Judge Carroll, in Canal Insurance Company of Greenville, South Carolina v. Sturgis, 114 So. 2d 469 (Fla. 1st DCA 1959), aff’d, 122 So. 2d 313 (Fla.1960), clearly perceived the illogic of allowing an injured third party to maintain a direct action against the insurer for failure to settle when he said: No one can today question the legal right of…
• Thompson v. Commercial Union Ins. Co. OF NEW York, 250 So. 2d 259 (Fla. 1971)
  …iability of the insurer to the stated limits of liability and, additionally, terminated the right of the plaintiff to bring a direct action against the insurance company for any excess verdict. See Canal Insurance Co. of Greenville, S.C. v. Sturgis, 114 So. 2d 469 (Fla.App. 1st, 1959), affirmed in Sturgis v. Canal Insurance Company of Greenville, S.C., 122 So. 2d 313 (Fla.1960). . Of course it is possible for a contract to be intended for the benefit of both the formal parties and the third party beneficiary…
• Foy Baxter and Annie Smith Baxter v. Royal Indem. Co., 317 So. 2d 725 (Fla. 1975)
  …ment were returned unsatisfied, on the [*729] basis that the injured party was a third-party beneficiary of the contract, provided the insured himself was in a position to recover for such “bad faith failure to settle.” In Canal Ins. Co. v. Sturgis, 114 So. 2d 469 (Fla.App.1st 1959), aff’d. 122 So. 2d 313 (Fla.1960), it was held that an injured third party had no cause of action directly against the insurer for “bad faith failure to settle,” absent the peculiar type of policy provision present in Auto. Mut. I…

Authorities Cited

• Campbell v. Cnty. OF Dade, 113 So. 2d 708 (Fla. 3d DCA 1959)