Legal Opinion

Aetna Casualty & Surety Co. v. Bortz

Supreme Court of Florida

Decided September 20, 1972No. 41,137PublishedCited by 9 opinions

1Opinion of the Court

CARLTON, Justice:

By a carrier’s petition and a claimant’s cross-petition, we have for review on conflict certiorari1 a dispute over the proper application of subsections (3) and (4) of Fla.Stat. § 440.39, F.S.A., as they relate to a suit brought by the carrier, against a third party tortfeasor, within the second year after an accident involving the claimant. Article V, Section 4(2), Florida Constitution, F.S.A.

On June 3, 1968, Bortz was injured in an automobile accident as the result of the negligence of a third party named Cooper. Since the injuries were received in the course of his…

2Cases cited8 opinions

  1. Fidelity & Cas. Co. of New York v. BedingfieldSupreme Court of Florida · 1952
  2. Trail Builders Supply Company v. ReaganSupreme Court of Florida · 1970
  3. Zurich Insurance Company v. RentonDistrict Court of Appeal of Florida · 1966
  4. General Guaranty Insurance Company v. MooreDistrict Court of Appeal of Florida · 1962
  5. Home Indemnity Co. v. McAdamsDistrict Court of Appeal of Florida · 1962

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Kimbrell v. PaigeSupreme Court of Florida · 1984
  2. Purdy v. Gulf Breeze Enterprises, Inc.Supreme Court of Florida · 1981
  3. Mercury Ins. Co. of Florida v. CooperDistrict Court of Appeal of Florida · 2005
  4. Kimbrell v. PaigeDistrict Court of Appeal of Florida · 1982
  5. Lopez-Loarca v. CosmeDistrict Court of Appeal of Florida · 2011

4 more not listed; retrieve them via the Exa API.

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