Legal Opinion
W. J. Kiely & Co. v. Bituminous Casualty Corp.
District Court of Appeal of Florida
Decided October 23, 1962No. 62-96PublishedCited by 4 opinions
1Opinion of the Court
CARROLL, Judge.
The plaintiff below has appealed from a judgment entered on a directed verdict for the defendant. In a prior action against the insured for personal injuries, in which he was defended by the insurance company’s attorneys, a judgment was obtained for $5,000 plus certain costs. The insurer company then disclaimed liability, and this suit was filed on the policy. The complaint contained a general allegation of compliance with conditions precedent, one of which was co-operation with the insurer.1 Rule 1.9(c), F.R.C.P., 30 F.S.A., authorizes a general allegation of performance of…
2Cases cited5 opinions
- United States Fidelity & Guaranty Co. v. WilliamsCourt of Appeals of Maryland · 1925
- Taxicab Motor Co. v. Pacific Coast Casualty Co.Washington Supreme Court · 1913
- United States Fidelity & Guaranty Co. v. SniteSupreme Court of Florida · 1932
- Kimbro v. Metropolitan Life Insurance Co.District Court of Appeal of Florida · 1959
- United States Casualty Co. v. DrewCourt of Appeals for the Ninth Circuit · 1925
3Cited by4 opinions
- American Fire and Casualty Company v. ColluraDistrict Court of Appeal of Florida · 1964
- Barnes v. PENNSYLVANIA THRESHERMEN & FARMERS'MUTUAL CASUALTY INSURANCE COMPANYDistrict Court of Appeal of Florida · 1962
- Capital National Bank v. Southern Pine Isle Corp.District Court of Appeal of Florida · 1977
- Pasarin v. St. Paul Fire & Marine Insurance Co.District Court of Appeal of Florida · 1991