ROBERT D. RYAN AND NATIONWIDE MUTUAL INSURANCE COMPANY, A FOREIGN CORPORATION, APPELLANTS,
v.
RUTH GLADWELL AND RICHARD M. GLADWELL, EXECUTORS OF THE ESTATE OF WILLIAM W. GLADWELL, DECEASED, APPELLEES
Explore caselaw by topic → Browse Hold Harmless Agreement cases and more on FLexlaw
The point presented on this appeal urges that the trial court erred in ruling against the appellants when they moved to amend their answer by asserting a defense “in the nature of res judicata.” During the trial, appellants’ counsel sought to introduce into evidence a “hold harmless agreement” whereby an insurance company for a jointly liable defendant paid the full extent of its coverage in return for plaintiffs’ agreement to hold it harmless from all monetary exposure incurred as a result of the litigation. The court properly held that the execution of this agreement did not constitute a splitting of the cause of action. See Fla.Stat. § 768.041, F.S.A.; Jacksonville Terminal Company v. Misak, Fla.1958, 102 So.2d 295; Clemons v. Clark, Fla.App.1965, 172 So.2d 242.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Jackson v. L.A.W. Contracting Corp., 481 So. 2d 1290 (Fla. 5th DCA 1986)…r product for a particular purpose. Therefore, cases such as Biscayne Roofing v. Palmetto Fairway Condominium Association, Inc., 418 So. 2d 1109 (Fla. 3d DCA 1982), and State of Florida, Department of Transportation v. Cone Brothers Contracting Co., 265 So. 2d 63 (Fla. 1st DCA 1972), are inapplicable. The trial court also correctly granted summary judgment in favor of the contractor and against the owner as to the negligence theory of indemnity and contribution under the authority of Slavin v. Kay, 108 So.…
Authorities Cited
- Jacksonville Terminal Co. v. Misak, 102 So. 2d 295 (Fla. 1958)
- Clemons v. Clark, 172 So. 2d 242 (Fla. 3d DCA 1965)