COSMOPOLITAN MUTUAL INSURANCE COMPANY, APPELLANT,
v.
G. W. WILSON, APPELLEE
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This case concerns whether a garnishment judgment against an insurer can be entered while the underlying tort judgment against the insured is still on appeal. The court held that the tort judgment is considered final for the purpose of the insurance policy's no-action clause once rendered by the trial court, even if an appeal is pending.
No, a pending appeal does not prevent a garnishment action. The tort judgment is considered final for the purpose of the no-action clause once it is rendered by the trial court, regardless of whether an appeal is taken or pending.
“No action shall lie against the company * * * until the amount of the insurer's obligation to pay shall have been finally determined either by judgment against the assured after actual trial or by a written agreement of the assured, the claimant and the company.”
This quote establishes the 'no-action' clause in the insurance policy that was central to the insurer's argument.
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Join FLexlaw to unlock all legal intelligenceA negligence action resulted in a judgment against the insured, exceeding the policy limits. The insurer, Cosmopolitan Mutual Insurance Company, appea…
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This appeal is from a garnishment judgment against a liability indemnity insurer, after judgment in a negligence action had been rendered against the insured for an amount in excess of the policy limits, and which tort judgment had been appealed but not superseded.
The policy involved contained the following no-action clause:
“No action shall lie against the company * * * until the amount of *231the insurer’s obligation to pay shall have been finally determined either by judgment against the assured after actual trial or by a written agreement of the assured, the claimant and the company.”
The contention made by the appellant that under the no-action clause of the policy a judgment in garnishment could not be entered while the tort judgment was pending on appeal, is held to be without merit on authority of the case of General Accident Fire & Life Assurance Corporation v. Harris, Fla.App.1960, 117 So.2d 44, in which the District Court of Appeal, First District, considered this precise question with reference to a similarly worded no-action clause, and held that the tort judgment was final, within the meaning of such no-action clause, when rendered by the trial court without need to wait out the period for appeal or await the outcome of an appeal if taken.
Affirmed.
HORTON, C. J., and PEARSON, J., concur.
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Am. S. Ins. Co. v. Driscoll, 125 So. 2d 105 (Fla. 1st DCA 1960)…rovisions, that were considered by this court in General Accident Fire and Life Assurance Corporation v. Harris, Fla.App.1960, 117 So. 2d 44, and by the Third District Court of Appeal in Cosmopolitan Mutual Insurance Company v. Wilson, Fla.App.1960, 118 So. 2d 230, and again by this court in Travelers Insurance Co. v. Pinkerton-Hays Lumber Co., Fla.App.1960, 120 So. 2d 448. In reliance thereon the trial court entered summary final judgment for the plaintiffs in garnishment, the appellees herein, and this appe…
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Travelers Ins. Co. v. Pinkerton-Hays Lumber Co., Inc., 120 So. 2d 448 (Fla. 1st DCA 1960)…nd the proceedings dismissed. Reversed. STURGIS and CARROLL, DONALD K., JJ., concur. . General Accident Fire and Life Assurance Corporation v. Harris, Fla.App. 1960, 117 So. 2d 44. . Cosmopolitan Mutual Insurance Company v. Wilson, Fla.App.1960, 118 So. 2d 230.…
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Conley v. Getchrill Singleton, 171 So. 2d 65 (Fla. 1st DCA 1965)…ur. . General Accident Fire and Life Assurance Corporation et al. v. Harris; General Accident Fire and Life Assurance Corporation et al. v. Masker, (Fla.App.1960) 117 So. 2d 44, 45. . Cosmopolitan Mutual Insurance Company v. Wilson, (Fla.App.1960) 118 So. 2d 230. .American Southern Insurance Company et al. v. Driscoll et al., (Fla.App.1960) 125 So. 2d 105; Travelers Insurance Company et al. v. Pinkerton-Hays Lumber Company, Inc., (Fla.App.1960) 120 So. 2d 448. . Id. 125 So. 2d at 106, 107. “Penalties for…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gen. Accident Fire & Life Assurance Corp. v. Harris, 117 So. 2d 44 (Fla. 1st DCA 1960)