Aetna Casualty & Surety Co. v. Wackenhut Corp.

District Court of Appeal of Florida

Aetna Casualty & Surety Co. v. Wackenhut Corp.

418 So. 2d 1013, 1982 Fla. App. LEXIS 20111

CourtDistrict Court of Appeal of Florida

DecidedMay 25, 1982

DocketNo. 81-764

StatusPublished

Cited by2 cases

This text of 418 So. 2d 1013 (Aetna Casualty & Surety Co. v. Wackenhut Corp.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Aetna Casualty & Surety Co. v. Wackenhut Corp., 418 So. 2d 1013, 1982 Fla. App. LEXIS 20111 (Fla. Ct. App. 1982).

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Opinion

SCHWARTZ, Judge.

On the authority of Sterling Ins. Co. v. Hughes, 187 So.2d 898 (Fla. 3d DCA 1966), cert. denied, 194 So.2d 622 (Fla.1966) and Travelers Ins. Co. v. Wilson, 261 So.2d 545 (Fla. 4th DCA 1972), we affirm the conclusion that Wackenhut’s liability carrier is liable for the punitive damages recovered in Canty v. Wackenhut Corp., 311 So.2d 808 (Fla. 3d DCA 1975), cert. discharged, 359 So.2d 430 (Fla.1978). See also, Duke v. Hoch, 468 F.2d 973 (5th Cir. 1972); Morrison v. Hugger, 369 So.2d 614 (Fla. 2d DCA 1979).

Since the Canty case was tried and the insured’s liability for punitive damages was fixed without reference to the later decided case of Mercury Motors Express, Inc. v. Smith, 393 So.2d 545 (Fla.1981), we conclude, although Aetna argues otherwise, that that decision has no effect upon the coverage issue before us. Cf. Jessup v. Redondo, 394 So.2d 1031 (Fla. 3d DCA 1981).

Affirmed.

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SCHWARTZ, Judge.

On the authority of Sterling Ins. Co. v. Hughes, 187 So.2d 898 (Fla. 3d DCA 1966), cert. denied, 194 So.2d 622 (Fla.1966) and Travelers Ins. Co. v. Wilson, 261 So.2d 545 (Fla. 4th DCA 1972), we affirm the conclusion that Wackenhut’s liability carrier is liable for the punitive damages recovered in Canty v. Wackenhut Corp., 311 So.2d 808 (Fla. 3d DCA 1975), cert. discharged, 359 So.2d 430 (Fla.1978). See also, Duke v. Hoch, 468 F.2d 973 (5th Cir. 1972); Morrison v. Hugger, 369 So.2d 614 (Fla. 2d DCA 1979).

Since the Canty case was tried and the insured’s liability for punitive damages was fixed without reference to the later decided case of Mercury Motors Express, Inc. v. Smith, 393 So.2d 545 (Fla.1981), we conclude, although Aetna argues otherwise, that that decision has no effect upon the coverage issue before us. Cf. Jessup v. Redondo, 394 So.2d 1031 (Fla. 3d DCA 1981).

Affirmed.

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