Florida Insurance Guaranty Ass'n v. Logozzo

District Court of Appeal of Florida

Florida Insurance Guaranty Ass'n v. Logozzo

506 So. 2d 26, 12 Fla. L. Weekly 1051, 1987 Fla. App. LEXIS 7780

CourtDistrict Court of Appeal of Florida

DecidedApril 14, 1987

DocketNo. 86-1258

StatusPublished

This text of 506 So. 2d 26 (Florida Insurance Guaranty Ass'n v. Logozzo) 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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Florida Insurance Guaranty Ass'n v. Logozzo, 506 So. 2d 26, 12 Fla. L. Weekly 1051, 1987 Fla. App. LEXIS 7780 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

We reverse the trial court’s order entering summary judgment in favor of Rocco Logozzo and against Florida Insurance Guaranty Association [FIGA] upon our finding that a genuine issue of material fact exists regarding the liability of FIGA’s insured, J.B.B. Enterprises, Inc. [J.B.B.]. During the pendency of an appeal involving the insurer’s duty to defend J.B.B. in Logozzo’s negligence action, see Logozzo v. Kent Ins. Co., 464 So.2d 605 (Fla. 3d DCA 1985), Logozzo and J.B.B. entered into a settlement agreement which provided that any judgment subsequently entered could only be satisfied from J.B.B.’s liability insurance. Because the settlement agreement explicitly stated that J.B.B. was not admitting liability, the agreement cannot serve as a basis for imposing liability upon J.B.B.’s insurer, FIGA.

The order entering summary judgment in favor of Logozzo is, accordingly, reversed, and the cause is remanded for further proceedings.

Reversed and remanded for further proceedings.

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PER CURIAM.

We reverse the trial court’s order entering summary judgment in favor of Rocco Logozzo and against Florida Insurance Guaranty Association [FIGA] upon our finding that a genuine issue of material fact exists regarding the liability of FIGA’s insured, J.B.B. Enterprises, Inc. [J.B.B.]. During the pendency of an appeal involving the insurer’s duty to defend J.B.B. in Logozzo’s negligence action, see Logozzo v. Kent Ins. Co., 464 So.2d 605 (Fla. 3d DCA 1985), Logozzo and J.B.B. entered into a settlement agreement which provided that any judgment subsequently entered could only be satisfied from J.B.B.’s liability insurance. Because the settlement agreement explicitly stated that J.B.B. was not admitting liability, the agreement cannot serve as a basis for imposing liability upon J.B.B.’s insurer, FIGA.

The order entering summary judgment in favor of Logozzo is, accordingly, reversed, and the cause is remanded for further proceedings.

Reversed and remanded for further proceedings.

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506 So. 2d 26, 12 Fla. L. Weekly 1051, 1987 Fla. App. LEXIS 7780, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-insurance-guaranty-assn-v-logozzo-fladistctapp-1987.

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