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NORTHWESTERN NATIONAL CASUALTY COMPANY v. McNULTY

No. 19013.

307 F.2d 432 (1962)

NORTHWESTERN NATIONAL CASUALTY COMPANY of Milwaukee, Wisconsin, Appellant, v. Edward A. McNULTY and Walter Scott Smith, Appellees.

United States Court of Appeals Fifth Circuit.

August 21, 1962.

Attorney(s) appearing for the Case

Anthony Reinert, James A. Smith, Wicker, Smith, Blomqvist, Hinckley & Davant, Miami, Fla., for appellant.

Jackson L. Peters, John D. Marsh, Robert King High, Edward A. McNulty, Knight, Smith, Underwood & Peters, Miami, Fla., of counsel, for appellees.

Before JONES, WISDOM and GEWIN, Circuit Judges.

WISDOM, Circuit Judge.

This case presents the question of the liability of an insurance company, under an automobile accident liability policy, for punitive damages in a judgment against the insured. We hold that under Florida law public policy prohibits insurance against liability for punitive damages.

The Northwestern National Casualty Company issued a family combination automobile policy for $50,000 to the defendant...

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