GLORIA ANNE ALLEN JONES, PETITIONER,

v.

EASTERN AIR LINES, INC., FIDELITY AND CASUALTY COMPANY OF NEW YORK AND FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS

Citator

Cited By

• Steil v. Fla. Physicians' Ins. Reciprocal, 448 So. 2d 589 (Fla. 2d DCA 1984)
  …settlement made without the insurer’s consent. Phoenix Assurance Co. v. Hendry Corp., 267 So. 2d 92 (Fla. 2d DCA 1972), cert. discharged, 277 So. 2d 532 (Fla.1973); Cunningham v. Austin Ford, Inc., 189 So. 2d 661 (Fla. 3d DCA 1966), cert. dismissed, 198 So. 2d 829 (Fla.1967). The carrier responds, however, by pointing out that Walker has neither paid nor become obligated to pay any monies in satisfaction of Steil’s claim. The carrier argues that since its policy obligations are predicated upon Walker’s liabil…
• Am. & Foreign Ins. Co. v. AVIS Rent-A-Car Sys., Inc., 401 So. 2d 855 (Fla. 1st DCA 1981)
  …bile liability policy (the terms and provisions of which were not established in the record),5 the corresponding duty to defend, like the coverage, would be primary. See Cunningham v. Austin Ford, Inc., 189 So. 2d 661 (Fla.3d DCA 1966), cert. dism., 198 So. 2d 829. As stated by the Court in American Home Assurance Company v. City of Opa Locka, 368 So. 2d 416 (Fla.3d DCA 1979), at page 419: “Expenses incurred by a secondarily liable carrier in the defense of its insured, have been universally awarded when tha…
• Allstate Ins. Co. v. RJT Enters., Inc., 692 So. 2d 142 (Fla. 1997)
  …979), and Allan D. Windt, Insurance Claims and Disputes: Representation of Insurance Companies and Insureds, section 4.11 (1988). In fact, this Court’s decision in Cunningham v. Austin Ford, Inc., 189 So. 2d 661 (Fla. 3d DCA 1966), cert, discharged, 198 So. 2d 829 (Fla.1967), is directly on point in holding that the primary insurer has the duty to defend. While the duty to defend is contractual, Allstate had a duty to defend clause in its policy. Therefore, once Allstate became the primary insurer, it was ob…