Legal Opinion

Insurance Co. of North Amer. v. Whatley

District Court of Appeal of Florida

Decided March 8, 1990No. 89-653PublishedCited by 12 opinions

1Opinion of the Court

558 So.2d 120 (1990)

INSURANCE COMPANY OF NORTH AMERICA, Appellant,

v.

Mace E. WHATLEY, Appellee.

No. 89-653.

District Court of Appeal of Florida, Fifth District.

March 8, 1990.

Walter A. Ketcham, Jr. of Taraska, Grower, Unger & Ketcham, Orlando, for appellant.

Gary E. Doane of Hightower and Doane, Orlando, for appellee.

COBB, Judge.

The issue on this appeal is whether factual determinations made during a prior adjudication, establishing the tort liability of an insured, are binding on the insurer in a subsequent adjudication concerning coverage.

Stanley (insured), the operator of a tree removal…

2Cases cited4 opinions

  1. National U. Fire Ins. Co. v. Lenox Liquors, Inc.Supreme Court of Florida · 1977
  2. State Farm Fire and Cas. Co. v. NailDistrict Court of Appeal of Florida · 1987
  3. Southeastern Fidelity Ins. Co. v. RiceDistrict Court of Appeal of Florida · 1987
  4. PROGRESSIVE AMERICAN INS. v. McKinnieDistrict Court of Appeal of Florida · 1987

3Cited by12 opinions

  1. Britamco v. Cen. Jersey InvestmentsDistrict Court of Appeal of Florida · 1994
  2. Allstate Ins. Co. v. CondeDistrict Court of Appeal of Florida · 1992
  3. Horkulic v. GallowayWest Virginia Supreme Court · 2008
  4. Int'l Surplus Lines Ins. Co. v. MarkhamDistrict Court of Appeal of Florida · 1991
  5. West Orange Lumber v. Indiana LumbermensDistrict Court of Appeal of Florida · 2005

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