HomeMy WebLinkAbout2910 IN TH8 CIRCUIT COURT OF THS ~TINB-
TBBNTH JUDICIAL CIRCUIT IN AND FOR
ST. LUCIB COUNTY, FLORIDA.
CASB N0. 78-128 CA
FIREMAN'S FUND INSURANCB COMPANY,
a foreign corporation,
Plaintiff/Crossdefendant,
vs. .
THB ABTNA CASUALTY ~ SURBTY
COMPANY, a foreign corporation,
Defendant/Third Party
Plaintiff, .
vs.
idILLIAM CLARSNCB MAY and RUPBRT
J. SMITH,
Third Party Defendants/
Crossplaintiffs.
FINAL JUDGMBNT
THIS CAUSE came on for non-jury trial on April 29,
1980. The Court, having considered all of the evidence, testimony
and argument of counsel, finds and determines:
Fireman's Fund Insurance Company brought this action
r
~ against The Aetna Casualty ~ Surety Company for indemnification
under F.S. 627.736(3)(c), Laws of 1975.
Defendant/Third Par-ty Plaintiff Aetna Casualty ~ Surety
! Company brought a third party complaint-against William C. May
and Rupert J. Smith, Third Party Defendants, based on an indemni-
t
fication and save harmless agreement.
i~Iilliam C. May and Rupert J. Smith brought a crossClaim
against Fireman's Fund Insurance Company for attorneys fees,
~ determination of amount due from personal injury protection refund,
for automobile medical payments and under-insured motorist coverage.
~ An order dated October 16, 1978 was entered, granting
Aetna's motion for summary judgment against Third Party Defendants
{ May and Smith, granting motion for partial summary judgment by
Plaintiff Firemaa against Aetna, and granting Plaintiff/Cross-
F '
defendant Fireman's motion to dismiss and ore tenus motion to
~ strike Third Party Defendant/Crossplaintiffs May and Smith's claim
for attorneys fees, which were predicated on Crossplaintiffs'
Boa; 331 ~a~ 2g0i6