PRAXEDES DECESPEDES AND GLADYS DECESPEDES, AND FRIEDA CASTILLO, PETITIONERS,
v.
PRUDENCE MUTUAL CASUALTY COMPANY OF CHICAGO, ILLINOIS, RESPONDENTS
The decision of the District Court of Appeal, Third District, in this cause has been certified to this court as one passing upon a question of great public interest. The decision certified to us is reported at 193 So.2d 224.
After hearing oral argument of the parties and fully considering the record and briefs, we have determined that the opinion of the district court correctly decides the question involved therein. Therefore the decision contained in the subject opinion is approved.
It is so ordered.
CALDWELL, C. J., and THOMAS, ROBERTS, THORNAL and O’CON-NELL, JJ., concur.
DREW, J., dissents with opinion.
ERVIN, J., dissents and agrees with DREW, J.
(dissenting):
I agree with the views expressed in the able dissenting opinion of Andrews, J., in Shelby Mutual Ins. Co. v. Birch, Fla.App., 196 So.2d 482.
ERVIN, J., concurs.
DREW, Justice
(dissenting):
I agree with the views expressed in the able dissenting opinion of Andrews, J., in Shelby Mutual Ins. Co. v. Birch, Fla.App., 196 So. 2d 482.
ERVIN, J., concurs.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (19 total)
-
McCABE v. Fla. Power & Light Co., 68 So. 3d 995 (Fla. 4th DCA 2011)…gation “is not available to an extent greater than the amount paid by the insurer, and then only after the insured has been fully indemnified.” DeCespedes v. Prudence Mut. Cas. Co. of Chi., Ill., 193 So. 2d 224, 227 (Fla. 3d DCA 1966), cert. denied, 202 So. 2d 561 (Fla.1967).[T]hey may execute a release, accord and satisfaction for themselves but not for their insured. Such is not binding on the insured. In the case at bar, damage claims may be in excess of policy limits, or such claims may fall outside of th…
-
Fla. Farm Bureau Ins. Co. v. Martin, 377 So. 2d 827 (Fla. 1st DCA 1979)…ot available to an extent greater than the amount paid by the insurer, and then only after the insured has been fully indemnified. DeCespedes v. Prudence Mutual Casualty Company of Chicago, Ill., 193 So. 2d 224, 227 (Fla. 3d DCA 1966), cert. denied 202 So. 2d 561 (Fla.1967) (footnotes omitted). [*CMX] In Garrity v. Rural Mutual Insurance Company, 77 Wis.2d 537, 253 N.W. 2d 512 (1977), the Garritys had a fire insurance policy with Rural Mutual Insurance Company. The Garritys suffered a fire loss to their dai…
-
Cleary Bros. Constr. Co. v. Upper Keys Marine Constr., Inc., 526 So. 2d 116 (Fla. 3d DCA 1988)…Inc. v. Doctors Mercy Hosp., 458 So. 2d 789 (Fla. 5th DCA 1984); Florida Farm Bureau Ins. Co. v. Martin, 377 So. 2d 827 (Fla. 1st DCA 1979); DeCespedes v. Prudence Mut. Casualty Co. of Chicago, Ill., 193 So. 2d 224 (Fla. 3d DCA 1966), cert. denied, 202 So. 2d 561 (Fla.1967). Where there is a claim for indemnity, no such limitation exists. A party is permitted to pay a portion of an injured party’s damages and still seek indemnity from another for the payment made. That is the situation in the present case,…
Previewing 3 of 19 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Praxedes DeCESPEDES v. Prudence Mut. Cas. Co. of Chicago, 193 So. 2d 224 (Fla. 3d DCA 1966)
- The Shelby Mut. Ins. Co. OF Shelby v. Blanche Birch and her husband, 196 So. 2d 482 (Fla. 4th DCA 1967)