KIELY & CO. v. BITUMINOUS CASUALTY CORPORATION

No. 62-96.

145 So.2d 762 (1962)

W.J. KIELY & CO., Inc., a Florida Corporation, Appellant, v. BITUMINOUS CASUALTY CORPORATION, an Illinois Corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied November 9, 1962.


Attorney(s) appearing for the Case

Carr & Warren, Miami, for appellant.

Walton, Lantaff, Schroeder, Atkins, Carson & Wahl, Miami, for appellee.

Before PEARSON, TILLMAN, C.J., and CARROLL and BARKDULL, JJ.


CARROLL, Judge.

The plaintiff below has appealed from a judgment entered on a directed verdict for the defendant. In a prior action against the insured for personal injuries, in which he was defended by the insurance company's attorneys, a judgment was obtained for $5,000 plus certain costs. The insurer company then disclaimed liability, and this suit was filed on the policy. The complaint contained a general allegation of compliance with conditions precedent, one...

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