VERNON COLEMAN, PETITIONER,
v.
HENRY W. BROWN & SONS, INC., ET AL., RESPONDENTS
VERNON COLEMAN, PETITIONER,
HENRY W. BROWN & SONS, INC., ET AL., RESPONDENTS
220 So. 2d 365
Florida Supreme Court (1969)
Positive Treatment
Cited by 8 cases
Opinion of the Court
By petition for a writ of certiorari we have for review an order of the Florida Industrial Commission bearing date September 19, 1968.
We find that oral argument would serve no useful purpose and it is therefore dispensed with pursuant to Florida Appellate Rule 3.10, subd. e, 32 F.S.A.
Our consideration of the petition, the record and briefs leads us to conclude that there has been no deviation from the essential requirements of law.
The petition is, therefore, denied.
The petition for attorney’s fees is denied also.
ERVIN, C. J., and ROBERTS, CARLTON, ADKINS and BOYD, JJ., concur.
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Gen. Accident Ins. Co. of Am. v. Taplis, 493 So. 2d 32 (Fla. 5th DCA 1986)…, 451 So. 2d 848 (Fla.1984); Tucker v. Seward, 400 So. 2d 505 (Fla. 5th DCA 1981); Southeastern Fidelity Ins. Co. v. Earnest, 395 So. 2d 230 (Fla. 3d DCA 1981); Kaplan v. Phoenix of Hartford Ins. Co., 215 So. 2d 893 (Fla. 3d DCA 1968), cert. denied, 220 So. 2d 365 (Fla.1969); McInnis v. State Farm Mutual Automobile Ins. Co., 208 So. 2d 481 (Fla. 4th DCA 1968); Bass v. Aetna Casualty & Surety Co., 199 So. 2d 790 (Fla. 4th DCA 1967) cert. dismissed 206 So. 2d 211, 212 (Fla.1968). A mere denial of prejudice is i…
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Se. Fid. Ins. Co. v. Earnest, 395 So. 2d 230 (Fla. 3d DCA 1981)…to recover. Bass v. Aetna Casualty & Surety Co. of Hartford, Conn., 199 So. 2d 790, 793 (Fla. 4th DCA 1967), cert. disch., 206 So. 2d 212 (Fla.1968); see also, Kaplan v. Phoenix of Hartford Ins. Co., 215 So. 2d 893 (Fla. 3d DCA 1968), cert. denied, 220 So. 2d 365 (Fla.1969). Based on the twenty year viability of a Florida judgment3 and the remote possibility that any debtor may eventually secure some funds with which to pay at least a part of it, the appellant argues that depriving a carrier of any judgment,…
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Watherwax v. Allstate Ins. Co., 538 So. 2d 108 (Fla. 2d DCA 1989)…lure to obtain the consent of the insurer under an exclusionary clause does not prohibit recovery, however, if the insurer was not prejudiced by the settlement. Kaplan v. Phoenix of Hartford Ins. Co., 215 So. 2d 893 (Fla. 3d DCA 1968), cert. denied, 220 So. 2d 365 (1969). The general rule in Florida is that where an insured settles with a third party tortfeasor in violation of a nonsettlement provision, the insurer is presumed to have been prejudiced. Argiro v. Progressive American Ins. Co., 510 So. 2d 635 (F…
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