Florida Peninsula Insurance Co. v. Ken Mullen Plumbing, Inc.
District Court of Appeal of Florida
1Opinion of the CourtLambert, J.
' Florida Peninsula Insurance Company (“FPIC”) was sued for breach of contract by Lisa and Phillip Smith after it denied the Smiths’ claim under their homeowner’s insurance policy following water damage in the kitchen of their home. In turn, FPIC filed a third-party complaint against Ken Mullen Plumbing, Inc. (“Mullen”), arguing that Mullen’s negligence caused the Smiths’ damages.1 The third-party complaint raised claims for (Count I) common law indemnity, (Count II) negligence, and (Count III) equitable subrogation. The trial court dismissed Counts I and II with prejudice and dismissed Count…
2Cases cited20 opinions
- Dade Cty. Sch. Bd. v. Radio Station WQBASupreme Court of Florida · 1999
- Houdaille Industries, Inc. v. EdwardsSupreme Court of Florida · 1979
- Boca Burger, Inc. v. ForumSupreme Court of Florida · 2005
- Mims Crane Service, Inc. v. Insley Mfg. Corp.District Court of Appeal of Florida · 1969
- Kala Investments, Inc. v. SklarDistrict Court of Appeal of Florida · 1989
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