NATIONAL COLD TRANSPORT, INC., PETITIONER,

v.

WILLIAM T. MAYO, CHAIRMAN, ET AL., RESPONDENTS

Citator

Cited By

• Steil v. Fla. Physicians' Ins. Reciprocal, 448 So. 2d 589 (Fla. 2d DCA 1984)
  …t without requiring the suit to be carried to judgment even though the policy purports to avoid liability for a 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 satisfa…
• Vanguard Ins. Co. v. Townsend, 544 So. 2d 1153 (Fla. 5th DCA 1989)
  …; Centennial; Midland National Insurance Co. v. Watson, 188 So. 2d 403 (Fla. 3d DCA 1966); Stevens v. Horne, 325 So. 2d 459 (Fla. 4th DCA 1975); Phoenix Assur. Co. of New York v. Hendry Corporation, 267 So. 2d 92 (Fla. 2d DCA 1972), writ discharged, 277 So. 2d 532 (Fla.1973). Under these circumstances, res judicata or collateral estoppel would not be available to bind the insurance company, particularly where, as here, the insurer and insured have a direct conflict of interest as to fact issues tried in the i…
• Centennial Ins. Co. v. TOM Gustafson Indus., Inc., 401 So. 2d 1143 (Fla. 4th DCA 1981)
  …ured of a dispute as to coverage may result in estoppel of the insurer from contesting coverage if the insured can show that he has been prejudiced. Phoenix Assurance Company v. Hendry Corporation, 267 So. 2d 92 (Fla. 2d DCA 1972), cert. discharged, 277 So. 2d 532 (Fla.1973). The existence of prejudice, if contested — as it was in the case at bar — presents a factual issue which cannot be resolved by summary judgment. See Torres v. Protective National Insurance Company of Omaha, 358 So. 2d 109 (Fla. 3d DCA 19…