Shelby Mutual Insurance Co. v. Davey Insurance Associates, Inc.

District Court of Appeal of Florida

Shelby Mutual Insurance Co. v. Davey Insurance Associates, Inc.

489 So. 2d 1192, 11 Fla. L. Weekly 1282, 1986 Fla. App. LEXIS 8152

CourtDistrict Court of Appeal of Florida

DecidedJune 3, 1986

DocketNo. 85-1061

StatusPublished

This text of 489 So. 2d 1192 (Shelby Mutual Insurance Co. v. Davey Insurance Associates, Inc.) 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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Shelby Mutual Insurance Co. v. Davey Insurance Associates, Inc., 489 So. 2d 1192, 11 Fla. L. Weekly 1282, 1986 Fla. App. LEXIS 8152 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

The final summary judgment under review is reversed and the cause is remanded to the trial court for further proceedings. We reach this result based on the following, briefly stated legal analysis.

First, we conclude as a matter of law — contrary to the able argument of ap-pellees’ counsel — that upon the purchase of the assets of J.T.P. of Florida, Inc. [JTP], a predecessor corporation, by the defendant Davey Insurance Associates, Inc. [Davey], pursuant to the purchase and sale agreement between the parties, Davey assumed JTP’s liability for the negligence of David Norton, as agent of the said predecessor corporation, in misfiling the subject suit papers herein. Second, we conclude as a matter of law that there is coverage under the subject insurance policy which the defendant Davey had with the defendant Equity General Insurance Co. for the above-stated liability. Third, we conclude that there is a genuine issue of material fact— which should be tried upon remand — as to the plaintiff P. Tavilla Company’s [Tavilla] comparative negligence in allegedly failing to inquire of the defendant Davey as to the status of the lawsuit which had been filed against Tavilla and which ultimately resulted in a default judgment. See Holl v. Talcott, 191 So.2d 40 (Fla.1966); Fla.R.Civ.P. 1.510(c).

Reversed and remanded.

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PER CURIAM.

The final summary judgment under review is reversed and the cause is remanded to the trial court for further proceedings. We reach this result based on the following, briefly stated legal analysis.

First, we conclude as a matter of law — contrary to the able argument of ap-pellees’ counsel — that upon the purchase of the assets of J.T.P. of Florida, Inc. [JTP], a predecessor corporation, by the defendant Davey Insurance Associates, Inc. [Davey], pursuant to the purchase and sale agreement between the parties, Davey assumed JTP’s liability for the negligence of David Norton, as agent of the said predecessor corporation, in misfiling the subject suit papers herein. Second, we conclude as a matter of law that there is coverage under the subject insurance policy which the defendant Davey had with the defendant Equity General Insurance Co. for the above-stated liability. Third, we conclude that there is a genuine issue of material fact— which should be tried upon remand — as to the plaintiff P. Tavilla Company’s [Tavilla] comparative negligence in allegedly failing to inquire of the defendant Davey as to the status of the lawsuit which had been filed against Tavilla and which ultimately resulted in a default judgment. See Holl v. Talcott, 191 So.2d 40 (Fla.1966); Fla.R.Civ.P. 1.510(c).

Reversed and remanded.

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489 So. 2d 1192, 11 Fla. L. Weekly 1282, 1986 Fla. App. LEXIS 8152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shelby-mutual-insurance-co-v-davey-insurance-associates-inc-fladistctapp-1986.

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