OKEECHOBEE COUNTY BANK, APPELLANT,

v.

GREG L. GERNAT, A/K/A GREGORY L. GERNAT, AND ROSE MARIE GERNAT CONLON, FORMER WIFE OF GREG L. GERNAT, AND WILLIAM L. GERNAT, APPELLEES

Citator

Cited By

• Guemes v. Biscayne Auto Rentals, Inc., 414 So. 2d 216 (Fla. 3d DCA 1982)
  …this right of indemnity is subject to the exception that if the owner leases the vehicle to another and the owner provides in that lease that he will furnish insurance, then the lessor will be denied indemnity. Truck Discount Corporation v. Serrano, 362 So. 2d 340 (Fla. 1st DCA 1978); Morse Auto Rentals, Inc. v. Lewis, 161 So. 2d 235 (Fla. 3d DCA 1964). As a result of the defective compliance with Section 627.7263, supra, the lessee necessarily contracted for Biscayne to provide liability insurance coverage a…
• Scott & Jobalia Constr. Co., Inc. v. Halifax Paving, Inc., 538 So. 2d 76 (Fla. 5th DCA 1989)
  …the real party in interest here is Halifax’s liability insurer does not make this a subrogation case. USF & G is subrogated to Halifax’s rights, which are in this case, to seek indemnity against Scott & Jobalia. See Truck Discount Corp. v. Serrano, 362 So. 2d 340 (Fla. 1st DCA 1978). It is well established that the statute of limitations does not begin to run in indemnity cases until the indemnitee has paid a judgment, or has made a voluntary payment of its legal liability to an injured party. Mims Crane Se…
• Canal Ins. Co. v. Hartford Ins. Co., 415 So. 2d 1295 (Fla. 1st DCA 1982)
  …ectively shift responsibility contractually by way of the lease agreement. Compare, Transamerican Freight Lines, Inc. v. Brada Miller Freight Systems, Inc., 423 U.S. 28, 96 S.Ct. 229, 46 L.Ed.2d 169 (1975), and Truck Discount Corporation v. Serrano, 362 So. 2d 340 (Fla. 1st DCA 1978). Therefore, under the I.C.C. rules and regulations, Americus, as lessee, and Hartford, as the insurer bear primary liability. Transamerican Freight Lines, Inc. v. Brada Miller Freight Systems, Inc.; see also Simmons v. King, 478…