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COMMERCIAL UNION INSURANCE CO. OF NEW YORK v. REICHARD

No. 26103.

404 F.2d 868 (1968)

COMMERCIAL UNION INSURANCE COMPANY OF NEW YORK, Appellant, v. Russell REICHARD et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 26, 1968.

Attorney(s) appearing for the Case

William M. Hoeveler, William J. Flynn, Miami, Fla., for appellant; Knight, Underwood, Peters, Hoeveler & Pickle, Miami, Fla., of counsel.

Harry G. Carratt, Oakland Park, Fla., Thomas E. Byrd, Fort Lauderdale, Fla., for appellee, Paul Dye; Carlisle, Zeiher & Byrd, Ford Lauderdale, Fla., of counsel.

Before TUTTLE and AINSWORTH, Circuit Judges, and MITCHELL, District Judge.

TUTTLE, Circuit Judge:

In this diversity case we deal with a field of state law as to which this court has probably already played a sufficient role. By our decision and opinion in Northwestern National Casualty Company of America v. McNulty (5 Cir. 1962), 307 F.2d 432, we held that the Florida law did not permit the recovery on a public liability policy for payments made by an insured resulting from a successful claim for punitive...

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